HomeMy WebLinkAbout05-0726No.15
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JULY 26, 2005
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEKJR. - NORTH
JEFFERY CONRAD - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana - Members
CLAIMS COMMITTEE: Jeffery Conrad Chairman,
Richard A. Fontana, Joseph Golombek,Jr., Antoine M.
Thompson - Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph
Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
Russell, Antoine M. Thompson - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman,
Dominic J. Bonifacio, Jr.,Jeffery Conrad, Marc A. Coppola, -
Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman
Marc A. Coppola, Bonnie E. Russell - Members
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BUDGET COMMITTEE: Dominic J. Bonifacio, Jr.,
Chairman, Marc A. Coppola, Brian C. Davis, Joseph
Golombek, Jr. - Members
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
A. Franczyk, Bonnie E. Russell Members
MINORITY BUSINESS ENTERPRISE COMMITTEE -
Antoine M. Thompson, Chairman Brian C. Davis
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JULY 26, 2005
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Conrad, Coppola,
Davis , Fontana, Golombek Russell AND Thompson —9
ABSENT -- 0
FROM THE MAYOR
No. 1
Recycling Rates in City Hall
No. 133, C.C.P. 05/03/2005
In response to Resolution 133, CCP 05/03/2005, please be advised that recycling boxes are placed next to
the desk of each worker in the Mayor's Office Recycling boxes have also been placed adjacent to copy
machines and our fax machine.
Recycling materials are collected from the blue boxes in the office on a daily by cleaning personnel from the
Department of Public Works.
At either end of the corridor on the second floor, there are large green totes for glass, plastic and aluminum.
We encourage all personnel to use these totes for their recyclable materials.
All members of my staff recycle.
RECEIVED AND FILED
SIGNATURE
NO.2
Appointment of the Commission
on Citizen Rights and Community Relations
Pursuant to Article 18, Section 18 -21 of the Charter of the City of Buffalo, I hereby appoint the
following individuals to fill vacancies on the Commission on Citizens Rights and Community
Relations for a term commencing immediately and expiring on June 30, 2008:
Appointment:
Bill Covington 1217 Delaware Avenue, Apt. #606 Buffalo, 14209
Bill Covington has been employed with the Service Employees International Union (Local 1199
SEIU) in Buffalo, NY and Upstate NY region since August 2001 He previously worked for the
AFL -CIO in New Orleans, Louisiana as well as several other unions as a staff member and
organizer since 1989. Mr. Covington has extensive experience in the social and economic justice
movements.
Arlitta M. Rodriguez 1025 Amherst Street Buffalo, 14216
Arlitta Rodriguez served as a Loan Officer and Underwriter for the Small Business
Administration Disaster Assistance Office. In addition, Ms. Rodriguez previously served as
Director of Credit for Ingram Micro Inc. from 1991 to 2005 and Supervisor /Analyst Recovery of
Marine Midland Bank from 1986 -1991.
Ms. Rodriguez received her Paralegal Certification in 2003 from SUNY at Buffalo /Millard
Fillmore
Division. She has extensive community involvement serving on many cultural and citizen center
boards.
John Calvin Davis 471 Emslie Street Buffalo, 14212
John Davis is currently an Aide to Chairman George Holt of the Erie County Legislature. Mr.
Davis, an attorney, served in various positions for the Florida House of Representatives, Florida
State College of Law, Florida Public Service Commission and in various lawyer positions in
Tallahassee, Florida.
Mr. Davis has a Juris Doctorate Degree from Florida State University College of Law, a Masters
Degree in Personnel Administration and a Bachelor of Arts from Howard University in
Washington, D.C.
Commission on Citizen Rights and Community Relations
Re- Appointments:
As a housekeeping measure the following board members have been serving their three -year terms and are
re- appointed:
Lana D. Benatovich 43 Middlesex Avenue Buffalo, NY 14216
Ms. Benatovich's term expires on June 30, 2006.
David Caruso 16 Cantwell Drive Buffalo, 14220
Mr. Caruso's term expires on June 30, 2006.
Ross T. Runfola, Ph.D. 96 Cleveland Avenue Buffalo,14222
Dr. Runfola's term expires on June 30, 2007.
Jack Anthony 91 Greenfield Street Buffalo, 14214
Mr. Anthony's term expires on June 30, 2007.
Mark Phillips 130 Crescent Avenue Buffalo, 14214
Mr. Phillips term expires on June 30, 2008.
Peter Allen Weinmann 286 Huntington Avenue Buffalo, 14214
Mr. Weinmann's term expires on June 30, 2007.
LaVonne Ansari 815 Auburn Avenue Buffalo, 14222
LaVonne Ansari's term expires on June 30, 2007.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS
NO. 3
Appointment of Members
to the Johnny B. Wiley Stadium Board
Pursuant to tile powers vested in me by Section 18 -39 of the Charter of the City of Buffalo, I hereby
appoint and re- appoint the following individuals to the Johnny B. Wiley Stadium Board:
APPOINTMENTS:
Dorothy Hill 327 King Peterson Rd. Buffalo 14204
Dorothy Hill is the President of the Langston Hughes Center.
Ms. Hill is appointed to a three -year term which will commence immediately and expire on May 15, 2008.
Genevieve Johnson 1095 Jefferson Avenue Buffalo, 14208
Genevieve Johnson is a Speech Teacher for the Buffalo Board of Education Makowski Early Childhood
Center. Ms. Johnson is appointed to a two -year term which will commence immediately and expire on May
15, 2007.
David Thomas Emerson Commons
70 W. Chippewa Buffalo, 14202
David Thomas is the Director of Physical Education for the Buffalo Board of Education
Mr. Thomas is appointed to a two -year term which will commence immediately and expire on May 15,
2007.
Mickey Howard 152 Lincoln Parkway Buffalo, 14222
Mickey Howard is the Coordinator of Development & Housing for the New Mt. Ararat Temple of Prayer
Church. Mr. Howard is appointed to a three -year term which will commence immediately and expire on
May 15, 2008.
Dwayne Gillison 84 Campbell Road Buffalo, 14215
Dwayne Gillison is the President of the Buffalo Raiders Little League Football Club.
Mr. Gillison is appointed to a three -year term which will commence immediately and expire on May 15,
2008.
Hawanya Henley 257 Highgate Avenue Buffalo, 14215
Hawanya Henley is the Program Director of the King Urban Life CHAAT Program and serves as a
Consultant of Finley & Associates Consulting Group.
Ms. Henley is appointed to a one -year term which will commence immediately and expire on May 15,
2006.
Nina M. Littlejohn 492 Adams Street Buffalo, 14212
Ms. Nina Littlejohn is tile Assistant Coordinator of Youth Programs for the City of Buffalo Youth Bureau.
From 1996 -2004 she served as the Administrator & CEO of the Pentecostal COGIC/TCDC of Buffalo. Ms.
Littlejohn earned a Bachelor of Science in Social Work from Buffalo State College and is currently
seeking a Master's Degree ill Human Service Administration & Personnel from same.
Ms. Littlejohn is appointed to a two -year term which will commence immediately and expire on May 15,
2007.
Re- Appoinments:
The following individuals are being re- appointed to a full four -year term that will commence immediately
and expire on May 15, 2009.
Daniel Krenz 503City Hall Buffalo, NY 14202
James Nowicki 697 W. Delevan Avenue Buffalo, 14222
Cedric Holloway 512 Linwood Avenue Buffalo, NY 14209
I hereby certify that the above named individuals are fully qualified to serve as members of the Appraisal
Review Board.
RECEIVED AND FILED
FROM THE MAYOR- EXECUTIVE DEPARTMENT
FROM THE DIVISION OF CITIZEN SERVICES
NOA
MONTHLY REPORT DIVISION OF CITIZEN
SERVICES JUNE 2005
Attached for your review is the following: (1) Chart of Service Calls for June, 2005, (2) Chart
of Service Calls for June, 2004- for comparative purposes, and (3) Chart of "Open" calls for May,
2005, as of July 1, 2005.
Overall, June 2005 had an increase in service requests over May, 2005 of 17 %, 3,671 to
3,065, a 17% increase and a 23% increase in service calls, compared to June 2004, although total
calls were about the same, 6,076 to 6,053.
During June, 2005, the following categories experienced increases: Housing Violations (740
to 1111), Police (97 to 137), Forestry (185 to 284), and Rodents (22 to 75).
During June, 2005, the following categories experienced decreases in service calls,
Tote Requests (417 to 309), Broken Totes (364 to 329), and Stolen Totes (187 to 184). Open
calls after 30 days, had the following categories of service calls with open
requests exceeding 50 %: Broken Totes (87 %), Rodents (82 %), Stolen Totes (78 %), Forestry
(66 %), and Tote Requests (51 %).
Also, included in this month's fiscal year ending report, is a five year summary of the service
calls received by the Mayor's Hot Line since its inception in July, 2000.
An overview of the trends shows that in total service calls, housing complaints, police,
and infrastructure calls all dropped during the first four years and then increased by at least 12%
over this past fiscal year.
Refrigerator calls which numbered 5 in 2000 -01, before the refrigerant disposal laws
went into effect, climbed until last year, and then were reduced by 25% during the last fiscal year.
Garbage calls have steadily decreased in each of the last five years, being about 40% less
than they were in 2000 -01.
Tote requests were extremely high in 2000 -01 and 2001 -02, when the program expanded
on a city -wide basis, and then requests dropped in years three and four and went up by 36% last
year.
Rodent complaints dropped dramatically with the expansion of the tote program, but they
have increased over the past two years; although they are still 54% less than in 2000 -01.
Broken and Stolen Totes have increased in each of the last five years, however, both
categories have decreased over the last two months.
User fee calls have fluctuated over the last five years with increases occurring in periods
when rate increases are adopted.
Recycling calls peaked when BFI took over recycling duties, but have dropped to rates
similar to when city workers performed this service.
Finally, calls for abandoned cars have dropped dramatically, by over 2 /3rds in the last
five years.
As always, I hope that you find this information helpful.
RECEIVED AND FILED
FROM THE BOARD OF PARKING
NO. 5
And Lots 1, 2 & 3
Attached please find a communication from Standard Parking, the current operator of the above
mentioned surface parking lots. Standard did lose these lots last fall due to the painting of the
Skyway bridge. The request for rent credit is fair and reasonable.
I would recommend a rebate of the rent paid for May and June 2004 and a partial rebate for April
2004 as follows:
Apr112004 $ 475
May2004 $ 2375
June 2004 $ 2375
$ 5225
In addition, Standard Parking operated these lots for the month of July 2005. I recommend that
rent be forgiven for the month of July 2005.
The bid from Allright NY Parking Inc d/b /a Central Parking System would therefore commence
on August 1, 2005.
Mr. Coppola moved:
That the above communication from the Board of Parking, be received and filed;
That the Chairman of the Board of Parking be, and he hereby is authorized to grant Standard
Parking a partial rebate for April 2004 as listed above. The bid from Allright NY Parking Inc.
d/b /a Central Parking System would therefore commence on August 1, 2005
PASSED
AYES — 9 NOES —0
NO 6
Answers to Questions to Board
BOP regarding award of contract to
Buffalo Civic Auto Ramps Inc.
Attached please find the answers to the questions forwarded L3 the Board of Parking on July 28,
2005 from Council Member Davis.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 7
CITY EMPLOYEES OR RELATIVE(S) OF CITY
EMPLOYEE RECEIVING REHAB. LOAN OR
NEW HOUSING LOANS
Miranda Glascoe 24 Antwerp Buffalo NY 14211
Miranda Glascoe is employed by the Board of Education as a Teacher's Aide.
Mary Ann Haettich 67 St. John's Parkside Buffalo NY 14210
Mary Ann Haettich is employed by the Board of Education in Food Service.
Patricia Chism 712 LaSalle Ave Buffalo NY 14215
Patricia Chism is employed by the Board of Education as a Substitute Teacher.
Donna Glasgow 305 Dearborn St Buffalo NY 14207
Donna Glasgow is employed by the Board of Education as a Teacher's Aide.
Leslie Collins 566 E. Amherst St. Buffalo NY 14215
Cousin, Michael Brown, is a City of Buffalo Police Officer.
Kariyma Taaliba 131 Carl Street Buffalo NY 14215
Ms. Taaliba is a Receptionist at Ellicott District Community Development.
Fawazz 208 Baynes Street Buffalo NY
Mrs. Fawazz (Mura) is employed by the Board of Education as a Teacher's Aide.
Lynette Barney 233 Berkshire Ave. Buffalo NY
Husband, Kenneth Barney, is a City of Buffalo Police Officer.
Sheila Cybulski 78 Bogardus Street Buffalo NY
Ms. Cybuslski is employed by the Board of Education as a Teacher.
Bernice Redfern 149 Butler Ave. Buffalo NY
Niece, Ida Thomas, is a Housing Specialist at Ellicott Community Development Corp.
Suzanne Hayes 157 Davey Street Buffalo NY
Ms. Hayes is employed by the Board of Education as a Cook Manager.
Angela James 451 Dodge Street Buffalo NY
Ms. James is employed by the Board of Education as a Teacher's Aide.
Thurma Jemes 352 Emslie Street Buffalo NY
Sister, Ruby Johnson, is employed by the Board of Education as a Teacher.
Janice Fletcher 42 Ericson Ave Buffalo NY
Ms. Fletcher is employed by Fillmore -Leroy Area Residents as a Shift Manager
Anthony Pitts 27 Fisher Street Buffalo NY
Mother, Oralee Pitts, is employed by the Board of Education as a Teacher's Aide.
Lovester Hunley 49 Haven Street Buffalo NY
Brother, Larry Hunley, is the Principal of Seneca Vocational High School.
Premiss Wyatt 631 Highgate Ave. Buffalo NY
Cousin, Butch Holtz, B.F.S.A. (Control Board)
Theresa Brundo 103 Humason Ave Buffalo NY
Husband, James Brundo, is a Construction/Laborer with the Buffalo Sewer Authority.
Michael Moran 232 Ideal Street Buffalo NY
Michael Moran is employed as a Truck Driver with the Street Sanitation Dept.
David and Helen Szymansky 109 Longneeker Street Buffalo NY
Helen Szymansky is employed by the Board of Education as a Teacher's Aide.
Marie Oliver 157 Ludington Street Buffalo NY
Son, James Oliver, is a Maintenance Engineer with the Board of Education.
Ella Kobylinski 2 Warren Ave. Buffalo NY
Ella is employed at the Matt Urban Center in accounting /housing.
Frank and Martha Skrabacz 146 Orlando Street Buffalo NY
Son, Thomas, Firefighter /City of Buffalo. Son, Robert, Police Officer /City of Buffalo.
Sammy and Mary Ellen Smith 84 Peter Street Buffalo NY
Mary Ellen is employed by the Board of Education as a Teacher's Aide.
Joseph & Yvonne Bottoms 89 Schreek Street Buffalo NY
Yvonne Bottoms is employed by the Board of Education as a Teacher's Aide.
Irene Moore 211 Shumway Street Buffalo NY
Irene Moore is employed by the Board of Education as a Teacher's Aide.
Aletha Miller 916 Smith Street Buffalo NY
Ms. Miller is employed by the Board of Education as a Bus Aide.
Nicole Ward 449 Stockbridge Ave. Buffalo NY
Father, Harry Ward, City of Buffalo Firefighter (currently disabled).
Theresa O'Keefe 196 Tacoma Street Buffalo NY
Theresa is employed as a Report Technician in the Police Department.
John and Dorothy Pratcher 36 Victoria Ave. Buffalo NY
Daughter is Board President of Fillmore Leroy Area Residents.
Michael Charleton 86 Villa Ave. Buffalo NY
Brother, Tom Charleton, is employed by the Board of Education as a Supervisor.
Jules and Crystal Stover 85 Weber Ave. Buffalo NY
Jules Stover is employed as a Laborer in the Street Sanitation Dept.
Raymond Moss 160 Wende Street Buffalo NY
Sister -in -Law, Connie Moss, is employed by the Board of Education as a Supervisor.
Anthony Stokes 181 WohlersAve. Buffalo NY
Uncle, Melvin Stokes, is employed by the City of Buffalo, Real Estate Div.
NEW HOUSING APPLICANT:
Tiffany Chapman - (HOME purchase price reduction subsidy)
220 Carlton Street Buffalo NY
St. John's CDC Father, Rev. Michael Chapman, is President of St. John's CDC
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 8
Local Waterfront Revitalization Program
(LWRP) Environmental Assessment -
Negative Declaration & City Of Buffalo
Waterfront Consistency Law"
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation
Law.
The City of Buffalo Common Council, as SEQRA Lead Agency, has determined that the
proposed action described below will not have a significant adverse effect on the environment
and that a Draft Environmental Impact Statement will, therefore, not be prepared.
Name of Action: Adoption of the City of Buffalo Local Waterfront Revitalization
Program LWRP) pursuant to the New York State Waterfront Revitalization of Coastal Areas and
Inland Waterways Act, and adoption of the City of Buffalo Local Waterfront Revitalization
Program Consistency_ Review Law.
SEQR Status: Type I
Determination of Significance: Negative Declaration
The New York State LWRP action requires a municipal resolution in
support of the application to the New York State Department of State.
Attached: "Local Waterfront Revitalization Program (LWRP) Environmental Assessment
- Negative Declaration & City Of Buffalo Waterfront Consistency Law"
Mr. Coppola moved:
That the communication from the Strategic Planning, dated July 21, 2005, be received and filed;
and
That the Common Council does hereby adopt the Findings Statement for the Buffalo Local
Waterfront Revitalization Program LWRP in accordance with Article 8 of the Environmental
Conservation Law ( SEQRA) and 6 N.Y.C.R.R. Part 617 and approves the City of Buffalo Local
Waterfront Revitalization Program Consistency Review Law.
PASSED
AYES -9- NOES -0
NO. 9
State Environmental Quality Review NEGATIVE DECLARATION
Notice of Determination of Non - Significance
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review Act) of the Environmental Conservation Law.
The Buffalo Urban Renewal Agency ( "BURA "), as lead agency, has reviewed the proposed
project which involves construction of an approximately 350,000 sq. ft. multi -level building with
a separate parking garage and a separate visitor parking lot and has determined that the proposed
action will not have a significant adverse environmental impact and that a Draft Environmental
Impact Statement will not be prepared.
Name of Action: HealthNow Headquarters Project ( "Project ")
Location of Action: Office Building and Parking Ramp - Northeast corner of intersection of
West Genesee and Seventh Streets
1. Day Care Center Site, 45 Carolina Street Site - North of Waterfront
School
City of Buffalo, Erie County, New York.
SEQR Status: Type I
The proposed action is considered Type I since it will involve the following actions: the physical
alteration of more than 10 acres of land; construction of parking for more than 1,000 vehicles;
construction of a facility with more than 240,000 square feet of gross floor area; construction of a
structure exceeding 100 feet in height; and project site listed on the National Register of Historic
Places.
Conditioned Negative Declaration: No
Description of Action:
Duke Realty proposes to construct a new approximately 451,000 square foot commercial building
HealthNow New York Inc., which will be the principal tenant of the new structure. The Project
will also involve the following: construction of a five story parking garage and a surface parking
lot for a total of approximately 1,600 vehicles, adjacent to (on the north side) the project site;
property acquisition; adoption of an amendment, by the City of Buffalo, to its existing Waterfront
Urban Renewal Plan to change the allowable use of the Office Building Site from multi - family to
commercial; construction of a new 16,000 square foot day care facility, with an adjacent parking
lot for approximately 150 vehicles, on a portion of vacant BURA owned land adjacent to (on the
north -east side) of the Waterfront School building; new landscaping; installation of new curbs,
sidewalks, driveways, new public utility lines, fencing, security systems, and exterior lighting;
and incorporation of the fagade of the former Buffalo Gas Light Co. structure into the design of
the new office building. In addition to the above, prior to the undertaking of this action Duke
Realty I -IN New York LLC and QLT Buffalo LLC will complete remediation of the former
National Fuel Gas 0'q -FG) - Buffalo Service Center Site on the property located at the northeast
corner of West Genesee and Seventh Streets concurrent with the closure of the Waterfront School
and NYSDEC remediation of adjacent property on 4th Street owned by the Buffalo Urban
Renewal Agency (BURA), under an approved remedial action work plan with the New York
State Department of Environmental Conservation. The properties are located in a critical
Brownfield area. The remediation work being performed at the site will be supervised by
NYSDEC pursuant to their police and regulatory powers and are the subject of the NYSDEC
comment period before the Health and Safety plans are approved.. The NFG- Buffalo Service
Center Site was the location of a Manufactured Gas Plant which was used by NFG and others
from 1848 to the early 1900's to produce gas, providing gas to homes, businesses and industries
for lighting, heating and cooking, much like natural gas is used today. Beginning in 1989, NFG
conducted a series of environmental investigations to determine the nature and extent of
contamination on the property. The studies indicated that both the soil and groundwater are
contaminated with chemicals related to the manufactured gas plant that formerly operated on the
site. The 4th Street Hazardous Waste Site shares a history similar to that of the NFG - Buffalo
Service Center Site and was used from the 1800's to the early 1900's to produce manufactured gas
for lighting. BURA investigated the property in 1998, during which a large subsurface area of tar -
like contamination was discovered associated with the former manufactured gas plant operations.
ESC Engineering of New York, P.C. will implement the remediation work plan. The scope of
work includes the excavation and offsite disposal of soil and fill material. Excavation will
continue until pre- determined soil cleanup objectives of DEC are satisfied or until predefined
physical boundaries are reached. Ontario Specialty Contracting, Inc. of Buffalo, New York, under
contract to ESC Engineering, will serve as the construction contractor responsible for conducting
the majority of the field work. The remediation of Fourth Street and the Buffalo Service Center
will begin in the second quarter of 2005 and are expected to be complete by late 2005. The
remediations are deemed necessary to protect the public health safety and welfare independent of
the proposed re -use of the properties.
Construction of the actions considered herein will immediately follow the completion of remedial
activities.
Reasons Supporting This Determination:
The proposed action will not have potentially significant adverse environmental impacts. In
making this determination of significance, BURA has reviewed both Full Environmental
Assessment Forms completed Part 2 of the Full EAF and identified the relevant areas of
environmental concern; has thoroughly analyzed the identified relevant areas of environmental
concern to determine if the action may have a significant adverse impact on the environment; and
now sets forth its reasoned elaboration supporting this determination, consistent with SEQRA, 6
NYCRR §617.7.
In February /March 2004, the Applicant submitted a Full Environmental Assessment Forms ( "Full
EAF ") regarding the Project. The Environmental Review was coordinated with the
following agencies: New York State Office of Parks, Recreation and Historic Preservation; Erie
County Department of Environment and Planning; Buffalo Preservation Board; Empire State
Development Corporation; New York State Department of Transportation; New York Thruway
Authority; New York Office of Real Property, Erie County Division; City of Buffalo Department
of Public Works; Buffalo Water Authority; Buffalo Common Council; Buffalo Planning Board;
Buffalo Sewer Authority; Erie County Industrial Development Agency; and Board of Education
of Buffalo Public Schools.
BURA has conducted its own independent review and analysis of the information provided and
the potential environmental effects from the proposed Project. The City was assisted in its review
by legal, engineering, planning, and economic staff and professionals.
The Project occupies a key location in the City of Buffalo's Ellicott Grid and will add desired
density to downtown Buffalo.
The Project's land use maximizes waterfront vistas, incorporates green space enhancements, and
incorporates, consistent with Secretary of Interior standards, the historic National Register listed
Buffalo 1859 Gas Light Company's fagade. The existing uses of the project site, as currently
designated under the City's Waterfront Urban Renewal Plan, are not suitable for its originally
subscribed use (multi - family). Upon adoption of an amendment to the Urban Renewal Plan,
changing the allowable use of the Office Building Site from multi - family to commercial, the site
will be consistent with adjacent uses zoned M -1 Light Industrial and R -3 Dwelling District, and
more compatible with the surrounding Urban infrastructure.
The primary office building site will occupy the site of the former Buffalo Gas Light Co. (also
formerly the NFG Buffalo Service Center), which is listed on the National Register of Historic
Places. The only structure remaining of the original building complex is the stone Facade of the
main Gas Facility building located along Genesee Street. the entire project site is also considered
an archaeologically sensitive area.
The applicant submitted (May 2, 2005) project documentation to the New York State Historic
Preservation Office (SHPO), at the New York State Office of Parks, Recreation and Historic
Preservation (OPRHP), for review and comment as per Section 14.09 of the New York State
Historic Preservation Action of 1980. Documentation submitted to the SHPO included
information on the design of the new office facility, the treatment of the fagade of the former Gas
Works building, and a Stage IA Cultural Resources Investigation Report, prepared by State
University of New York at Buffalo's Department of Anthropology, dated April 2005. That report
concluded that, in terms of architecture, the Buffalo Gas Light Company fagade is in the project
area and should and will be preserved and/or incorporated into the design plans for this project
through consultation with the OPRHP. Similarly, the view shed impacts to the National Register
eligible Buffalo Fire Department Headquarters Building should be discussed with the OPRHP. In
terms of potential subsurface deposits, based on the degree of prior disturbance in the project area
and the degree of contaminated soil remediation proposed for this project, Phase 113 fieldwork is
not feasible. Instead, construction monitoring is recommended to assure that deeply buried
prehistoric and historic sites are identified within the impact area.
The Applicant also submitted a traffic study. The information supplied by the Applicant and
governing agencies has provided an adequate base of information acceptable to the BURA
and sufficient to render the determination here. Completion of the Part 2 sections of the Full
EAFs indicated that the Project would potentially have small to moderate potential impacts, but
that no impacts were noted as potentially large. BURA has thoroughly analyzed the importance of
these potential impacts in light of the proposed project plans and additional materials submitted
by the Applicant, the public, BURA, and governing agencies, as well as the City's zoning and
planning objectives, short and long -term needs, and the criteria for determining significance
identified in 6 NYCRR § 617.7(c)(1) and in accordance with 6 NYCRR § 617.7(c)(2) and (3).
Parking will primarily be within the interior of a ramp structure, and will be coordinated
with the nearby Waterfront School. Traffic flow into the office site will be easily accommodated
by three egresses; two at Seventh Avenue and on Fourth Street. Ingress and egress of prime
traffic patterns in the overall project area will be kept separate, to the fullest extent practicable,
from the Waterfront School operations, and are situated between two primary downtown
entrances of the I -190 Expressway.
BURA has determined that the Project will: facilitate private and other investment in the
downtown area; substantially improve the existing visual qualities of the area; eliminating
blighting influences and environmental deficiencies; prevent the establishment of incompatible
land uses in the project area; insure the orderly development of targeted sites; encourage existing
businesses to remain in the area and attract new commercial development and business operations
in the Central Business District and in the City as a whole; generate tax revenues; and will create
new job opportunities for area residents. The identified negative impacts appear to be primarily
short-term redevelopment and construction related, and are not significant in magnitude or effect.
BURA has also determined that the potential impacts noted, individually as well as cumulatively,
will not have a significant adverse effect on the environment and that, as a result, does not require
the preparation of an Environmental Impact Statement.
(i) a substantial adverse change in existing air quality, ground or surface water quality or
quantity, traffic or noise levels; a substantial increase in solid waste production; a
substantial increase in potential for erosion, flooding, leaching or drainage problems;
a. Air: The proposed Project is not anticipated to have a significant impact on air quality.
Increased emissions will be associated with construction traffic; however, projected levels will be
so insignificant that no threshold would be exceeded for which an air quality analysis is required
by regulatory agencies. Air emissions associated with the NY DEC regulated site remediations
are subject to DEC oversight under a project Health and Safety Plan, which will, after being
completed and finalized, be made available for public comment. These remediation impacts are
necessary, and will occur with or without the proposed Health Now project site redevelopment.
b. Storm Water Management and Drainage: The project will involve the covering of
approximately 14.56 acres of vacant land with impervious surfaces (175,987 square feet asphalt,
concrete, building 100% impervious and 110,209 square feet gravel 80% impervious). This will
result in a change in drainage flow patterns at the site.
Regarding drainage, a significant amount of vacant property is located in the area of the
development that will facilitate drainage flows. An adjacent culvert near the road will also
address these issues. Drainage has not historically been a problem in this area, and BURA does
not expect one here.
BURA has reviewed the storm water and drainage issues and has concluded that the plan
contains adequate measures to eliminate adverse environmental effects from increased storm
water runoff or surface water drainage. A storm water management plan will be implemented
during construction. The Project will not create the potential for erosion, flooding, leaching and
drainage problems on or adjacent to the HealthNow facility.
c. Noise and Odor: As stated above, noise and odor impacts during construction will be
minimal; likewise, noise and odor impacts during operation of the HealthNow facility will be
minimal as noise will not likely exceed ambient levels particularly given its proximity to the
Thruway. Likewise, minimal noise during construction will not have a significant impact at the
site.
d. Traffic: BURA has received the traffic study submitted by the Applicant and an
analysis follows in this determination at section ix. The potential project impacts of traffic are
slight to moderate, however with the recommended mitigation being incorporated as part of the
Project, the Project may actually improve on existent conditions at certain intersections as set
forth in the analysis below.
e. Short-term Construction Impacts: The proposed development will result in the physical
alteration of over 15 acres and the construction of a 451,600 square -foot building so there will be
short-term construction impacts. The Applicant has proposed a construction sequence that should
minimize the amount of disturbed area at any one time and to accelerate revegetation and ground
cover as soon as possible to minimize soil exposure. Best construction practices shall be
employed, including the use of hay bales, silt fences, and etc. if needed.
There will be the normal short-term impacts associated with construction trucks, traffic,
and construction in general, but the impacts will be small. The site is easily accessed from the
Thruway. The small impacts caused by short-term construction (dust, noise, traffic) will be minor
and insignificant.
(ii) the removal or destruction of large quantities of vegetation or fauna; substantial
interference with the movement of any resident or migratory fish or wildlife species;
impacts on a significant habitat area; substantial adverse impacts on a threatened or
endangered species of animal or plant, or the habitat of such a species; or other significant
adverse impacts to natural resources;
The Project will not have an adverse effect on these components of the environment.
(iii) the impairment of the environmental characteristics of a Critical Environmental Area
as designated pursuant to subdivision 617.14(g) of this Part;
The Project site is not within or adjacent to a CriticalEnvironmentalArea as designated
pursuant to 6 NYCRR § 617.14(g) and thus will not impair the environmental characteristics of a
Critical Environmental Area.
(iv) the creation of a material conflict with a community's current plans or goals as officially
approved or adopted;
The Project is compatible with adjoining /surrounding land uses within 1 /4 mile of the
project site. Those land uses include commercial buildings (post office, hotel, radio station),
recreational (Lake Erie), community (Waterfront School and parkland), and apartments and
condominiums (west of the NYS Thruway).
The Project has been evaluated for consistency with the City's Comprehensive Plan (Queen City
in the 21 — t Century), the Queen City Hub Plan, the existent and proposed amended Waterfront
Urban Renewal plans, and the draft Local Waterfront Revitalization Program, The Project is
determined consistent with the City's future plans for its own redevelopment. The existent
medium density residential designation for the Health Now Headquarters site under the existent
urban renewal plan has failed to meet the City's revitalization plans after forty years of attempted
implementation. The redesignation of parcels to commercial redevelopment acknowledges
potential restrictions on residential use created by proximity to the 1 -190 and utilizes the same
restriction as a strength for traffic movement with redesignation of the land for commercial
redevelopment.
(v) the impairment of the character or quality of important historical, archeological,
architectural, or aesthetic resources or of existing community or neighborhood character;
The Applicant submitted documentation describing the building design and a Phase IA
Cultural Resources Investigation Report to the New York SI -]PO for review in conformance with
the provisions of the NY State Historic Preservation Act of 1980.
The Cultural Survey Report concluded that the distribution of the previously recorded
prehistoric sites near the project area along with the other background research data suggest it has
a variable prehistoric sensitivity. Situated in a part of the City of Buffalo that has been urbanized
since the mid - nineteenth century, only limited areas have been the subjects of
systematic archaeological investigations in the recent past. The full extent of prehistoric sites
along this part of the Niagara River is unknown, but the limited reports of early investigators,
beginning in the early twentieth century, indicate some large o recurrently occupied sites were
located near the Niagara River, Lake Erie and the Buffalo River. There are also references to
what may be small, ephemeral sites that are characterized as "traces of occupation." Information
about most sites is limited to their location. The project area's proximity to both the Niagara
River, near its confluence with Lake Erie, and the Buffalo River suggest the project area would
have provided a rich environment that prehistoric hunters and gatherers would have found
attractive. This area was selected by the Seneca as the site of their reservation in the late
eighteenth century.
Given these results, the project area is assigned to high sensitivity for artifact findspots,
small lithic scatters and short-term occupations. It is assigned a moderate sensitivity for large
base camps, villages, quarries and burials. These sensitivity assessments assume prior impacts to
the project area are minimal. Historic land use patterns indicate that much of the project area has
been impacted by development. However, it may be possible that undisturbed prehistoric deposits
may remain intact within the project limits buried below fill levels. Because of the degree of prior
disturbance and construction plans that call for remediation through the removal of massive
amounts of contaminated soil, Phase IB fieldwork is not feasible. Instead, construction
monitoring is recommended to assure that no deeply buried prehistoric deposits are impacted.
The New York SI -IPO, to date, has submitted that: the project design is appropriate and
respectful of the National Register site and should not have an adverse effect on those
characteristics which qualified the NFG Buildings for listing on the National Register; further
consultation on the development of the final design of the facilities is recommended to ensure that
the treatment of the fagade of the Buffalo Gas Light Co. building continues to meet te h
recommended approaches of the Secretary of the Interior's "Standards;" and that
recommendations regarding archeological impacts will be forthcoming.. This submission of the
SHPO is consistent with BURA staffs recommendations and we concur. (vi) a major change in
the use of either the quantity or type of energy;
The Project will not create a major change in the quantity of electricity or natural gas to
be used and will not affect the community's sources of fuel or energy supply.
(vii) the creation of a hazard to human health;
The Project will not create a hazard to human health. The New York State DEC, though
not a party to this project development action, will oversee the removal of potential future threats
to human health and the environment through the State Brownfield Cleanup Program at the NFG
and the State Superfund Program at the Fourth Street sites.
(viii) a substantial change in the use, or intensity of use, of land including agricultural, open
space or recreational resources, or in its capacity to support existing uses;
As discussed above, the development will physically alter over 15 acres. Although the
site is vacant, it is not currently used for agricultural, open space or recreational purposes. Both
portions of the Project site are the abandoned headquarters of former gas manufacturing facilities.
The proposed project is determined compatible with other uses in the area.
(ix) the encouraging or attracting of a large number of people to a place or places for more
than a few days, compared to the number of people who would come to such place absent
the action;
This large tract of land in the City's main radial hub of the Ellicott grid currently lies
dormant. Its development will bring over 1,200 people to the site during working hours. The
traffic study previously referenced modeled potential effects at the intersections set forth below:
1) 1 -190 and Niagara Street; and
2)West Mohawk and Niagara Street; and
3)West Mohawk and Seventh Street; and
4)Court Street and Elmwood; and
5) West Eagle and Delaware Avenue
indicated no reduction in the Level of Service, a measure of the expected delay at the
intersections, was found.
The study of potential effects at the intersections of
6) Seventh Street and Court
7) Seventh at Niagara Street
8) Seventh Street at West Genessee Street
indicated potential extension of delays at intersections of approximately five seconds which could
be reduced with a slight adjustment in the signal timing at the intersection of Carolina and
Niagara Street.
A potential extension of delay at Eagle/West Genessee Street and Elmwood Avenue for the
westbound left turn from West Eagle to Elmwood during the PM peak hour from a Level of
Service "D ", a 35 -55 second delay, to a Level of Service 'T ", a delay in excess of 80 seconds. It
was determined that this potential extension of existent delay can be mitigated. Proposed
mitigation would include an adjustment of the signal timing coupled with adding striping for a
westbound left turn lane. This additional turn lane can be accommodated within the existing
pavement. This mitigation would improve the proposed operation of the critical leg of this
intersection to a Level of Service B, a delay of 10 -20 seconds.
A potential increase in delay at the intersection of Church Street and Elmwood Avenue /Delaware
Avenue was also identified. The critical left turn movement from eastbound Church Street onto
Delaware Avenue was reduced from a Level of Service 'D ", a 35 -55 second delay, to a Level of
Service "E ", a 55 -80 second delay. Proposed mitigation at these intersections, consisting of signal
timing adjustments, would improve the Level of Service for the critical movement from a Level
of Service 'D" from a Level of Service "E ". In addition, the proposed mitigation would decrease
current peak hour delays at the intersection from a Level of Service "E" to a Level of Service 'D"
even when the proposed development's impact is added.
(x) the creation of a material demand for other actions that would result in one of the above
consequences;
The Project will not create a material demand for other actions that would result in one of
the above consequences.
(xi) changes in two or more elements of the environment, no one of which has a significant
impact on the environment, but when considered together result in a substantial adverse
impact on the environment; or
The Project will not result in changes in two or more elements of the environment which,
when considered together, would result in a substantial adverse impact on the environment.
Impacts to elements of the environment such as wetlands and traffic will be minimal and
appropriately mitigated as discussed above.
(xii) two or more related actions undertaken, funded or approved by an agency, none of
which has or would have a significant impact on the environment, but when considered
cumulatively would meet one or more of the criteria in this subdivision.
The Project will not result in two or more related actions undertaken, funded or approved
by an agency, none of which has or would have a significant impact on the environment, but
when considered cumulatively would meet one or more of the criteria in this subdivision.
Conclusion: BURA has completed a careful and thorough review of the identified areas
of environmental concern. Based on its extensive review, and governed by the rule of
reasonableness, BURA issues this Negative Declaration, pursuant to §617.7 of SEQRA, for the
proposed Project concluding that the particular facts and circumstances of the proposed Project
do not call for the preparation of an Environmental Impact Statement.
Contact Person: Address:
Richard E. Stanton, Esq.
Secretary
Buffalo Urban Renewal Agency (BURR)
Buffalo City Hall
Room 920
65 Niagara Square
Buffalo, New York 14202
Telephone Number: (716) 851 -5053
For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to:
Other involved agencies (if any): New York Department of Environmental Conservation (water quality
certification)
Ruth L. Pierpont
NY State Office of Parks, Recreation and Historic Preservation
Historic Preservation Field Services Bureau
Peebles Island, PO Box 189
Waterford, NY 12188 -0189
Lawrence K. Rubin, Commissioner
Erie County Department of Environment and Planning
95 Franklin Street
Buffalo, NY 14202
John Laping, Chairman
Buffalo Preservation Board
901 City Hall
Buffalo, NY 14202
Rachel Shatz
Empire State Development Corporation
633 Third Avenue
New York, NY 10017
Thomas Blanchard
Empire State Development Corporation
717 Liberty Building
420 Main Street
Buffalo, NY 14202
Gerold Mikol, Regional Director
NYS Department of Environmental Conservation
270 Michigan Avenue
Buffalo, NY 14203
Alan E. Taylor, Regional Director
NYS Department of Transportation
125 Main Street
Buffalo, NY 14203
Thomas Moore, Environmental Specialist
NY Thruway Authority, Buffalo Division
455 Cayuga Road, Suite 800
Cheektowaga, NY 14225
Joseph Maciejewski, Director
NY Office of Real Property, Erie County Division
Rath Building, 95 Franklin Street
Buffalo, NY 14202
Joseph Giambra, Commissioner
Department of Public Works
502 City Hall
Buffalo, NY 14202
Joseph Giambra, Chairman
Buffalo Water Authority
502 City Hall
Buffalo, NY 14202
David Franczyk, Council President
Buffalo Common Council
1315 City Hall
Buffalo, NY 14202
Frank Manuele, Chairman
Buffalo Planning Board
901 City Hall
Buffalo, NY 14202
Anthony Hazzan, General Manager
Buffalo Sewer Authority
1038 City Hall
Buffalo, NY 14202
Charles E. Webb, Executive Director
Erie County Industrial Development Agency
275 Oak Street
Buffalo, NY 14203
Ted Fyda
Board of Education - Buffalo Public Schools
801 City Hall
Buffalo, NY 14202
Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, NY 12233 -1750 (Type I
Actions only)
HealthNow Headquarters
c/o Duke Realty Corporation 600 East 96th Street
Suite 100
Indianapolis, IN 46240
(317) 808 -6000
Mr. Coppola Moved:
That the Negative Declaration dated June 16, 2005 regarding the Health Now Headquarters
Project is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 10
RESCIND SALE
11 FARGO AVENUE
ITEM # 10, C.C.P. NOVEMBER 30, 2004
In the above referenced item Your Honorable Body authorized the sale of 11 Fargo Avenue to Mr. Felix F. Barikor, Jr.,
342 Rhode Island, Buffalo, New York 14213.
The terms of sale indicated the purchase price is to be paid in cash or certified funds no later than forty -five days following
the sale. The Office of Strategic Planning, Division of Real Estate notified the purchaser numerous times to make
arrangements for the closing and pay the balance owed. Eight months have elapsed and there has been no response
from the purchaser.
Therefore, this office is recommending the Common Council to rescind the sale of 11 Fargo Avenue, return the property to
the inventory of the Division of Real Estate and the deposit is forfeited.
Mr. Coppola moved:
That the communication from the Department of Strategic Planning, dated July 26, 2005, be received and filed; and
That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 11 Fargo Avenue,
and return the property to inventory of the Division of Real Estate and the deposit is forfeited.
PASSED
AYES - 9 NOES -0
NO. 11
RESULTS OF NEGOTIATIONS
206 SWEET, 367.63 N BROADWAY
LOT SIZE: 30'X 94'
ASSESSED VALUATION: $1,300
210 SWEET, 397.63' N BROADWAY
LOT SIZE: 30'X 94'
ASSESSED VALUATION: $1,300
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 206 and 210 Sweet Avenue
from Mr. Saleem Yousuf, 204 Sweet Avenue, Buffalo, New York 14212. Mr. Yousuf intends to use these vacant lots for
extra yard space, which are adjoining to his property.
The Department of Permit and Inspection Services and the Division of Collections have no objections to the sale. There
are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lot properties in the subject area. Sale
prices range from thirty -five cents (.35) to sixty -eight cents (.68), per square foot.
The results of our negotiations are that Mr. Saleem Yousuf has agreed and is prepared to pay two thousand dollars
($2,000), thirty -five cents (.35), per square foot. He has also agreed to pay for the cost of the transfer tax, recording fees
and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 206 and 210 Sweet Avenue to Mr. Saleem Yousuf in
the amount of two thousand 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.
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 26, 2005, be
received and filed; and
That the offer from Mr. Saleem Yousuf, residing at 204 Sweet Avenue, in the sum of two thousand dollars ($2,000.00) for
the purchase of 206 and 210 Sweet Avenue, be and they hereby are accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 12
TRANSFER OF TITLE
URBAN HOMESTEAD PROGRAM
160 LOCUST, 131.27' S CARLTON
LOT SIZE: 60'X 100'
164 LOCUST, 129.27' S CARLTON LOT SIZE: 2'X 100'
Prior Council Reference:
The Office of Strategic Planning has surveyed the above referenced city -owned vacant lots. These parcels are not
needed for any public purpose.
St. John Fruitbelt Community Development Corporation, 184 Goodell Street, Buffalo, New York 14204 has requested to
homestead these City lots. They intend to build a single family home for a low to moderate income family. Upon sale of
the home, these now vacant lots will become revenue producing through payment of property taxes.
The Division of Permit and Inspection Services and the 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.
I am recommending the City -owned lots known as 150 and 154 Locust Street be designated as Homestead Properties
and be transferred to St. John Fruitbelt Community Development Corporation on the following conditions:
1) the specified structures be erected within twelve (12) months
2) the structure be purchased by a low income family that meets the low to moderate
income criteria
3) reside there for a period of not less than thirty -six months
We, therefore, recommend that Your Honorable Body authorize the homestead of 150 and 154 Locust Street. I am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning dated July 14, 2005, be received and filed; and
That the city -owned properties commonly known as 150 and 154 Locust Street, are hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said properties to St. John
Fruitbelt Community Development Corporation, 184 Goodell Street, for the amount of One Dollar ($1.00) and no more,
and on the following conditions:
the specified structures be erected within twelve (12) months.
the structure be purchased by a low income family that meets the low to moderate income criteria. reside there for a
period of not less than thirty -six (36) months.
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
PASSED
AYES - 9 NOES -0
FROM THE COMPTROLLER
NO. 13
ANIMAL SHELTER AUDIT
ITEM NO. 13, C.C.P. 6/30/06 EX. (ITEM NO. 4, C.C.P. 06/30/06)
The Animal Shelter Audit was presented to the Commissioner of Public Works at an exit interview where the issues were
discussed. The seriousness of undeposited checks and reconciliations that need to take place have been addresses in
cooperation with Public Works and Treasury and based on procedures we suggested.
We believe that the statement in Commissioner Giambra's submission summarizes what took place and we feel that the
issues were addressed as well as could be expected.
"In conclusion, this department has reviewed with all seriousness the recommendations set forth in this Audit. All due
consideration will be given to those recommendations and wherever feasible, incorporated, if not already done
The procedures have changed and the checks are being deposited. The Comptroller's department addresses findings and
makes suggested recommendations, whereas the Administration is responsible for implementing sound controls.
The Finance Committee at its July 19, 2005 meeting received and filed the audit as submitted as well as the reply from
the department.
RECEIVED AND FILED
NO. 14
BUFFALO MUNICIPAL WATER AUTHORITY
REQUESTING APPROVAL OF AMENDMENT
TO FINANCING AGREEMENT
The Buffalo Municipal Water Finance Authority (the "Authority ") is requesting to be placed on the Common Council's
meeting agenda for the July 26, 2005 Council meeting.
The Authority is requesting that the Common Council consider and approve an amendment to the Financing Agreement
between the Authority, the City of Buffalo and the Buffalo Water Board.
Pursuant to the existing Financing Agreement, the Authority has the authority to sell bonds and issue notes in order to
finance improvements for the City water system operated by the Buffalo Water Board.
The Authority is requesting an amendment to the Financing Agreement which will allow the Authority to enter into interest
rate exchange agreements which are commonly known as interest rate Swaps for purposes of realizing significant interest
cost savings on Authority borrowings. The original Financing Agreement does not specifically authorize such transactions
because at the time the Financing Agreement was entered into, Interest Rate Swaps had not yet evolved into a commonly
used item.
The Fiscal Advisors to the Authority have recommended that the Authority utilize Swaps from time to time in connection
with financings in order to save a significant amount of interest costs on the borrowings.
Enclosed with this cover letter is a proposed amendment to the Financing Agreement which would authorize the Authority
to utilize Swaps when advantageous. Also enclosed for the Common Council's information is a draft of a proposed
Supplemental Resolution which would be adopted by the Authority authorizing qualified Swap Agreements if the Council
approves the amendment.
New York State Public Authorities Law § 1048 -i requires that any amendment to the Financing Agreement be approved by
the Common Council after the Common Council has held a public hearing on 30 days notice. We are requesting at this
time that the Common Council consider the amendment and schedule the matter for a public hearing at the Common
Council's September 6, 2005 meeting.
LAID ON THE TABLE
NO. 16
ICERTIFICATE OF NECESSITY
CAPITAL BUDGET AMENDMENT
AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS
We, Anthony M. Masiello, Mayor and Andrew A. SanFifippo,Comptroller, do hereby certify, pursuant to §20 -28 of the
Charter, that it is necessary to authorize an increase in indebtedness for Capital Projects Program, provided by the
Common Council prior to January 1, 2005 for the ensuing fiscal year, by adding the following item:
Capital Projects - Permits & Inspections Demolitio of Privately owned structures $4,000,000
It is hereby certified, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing Capital Budget
Amendment is necessary.
Dated: Buffalo, NY, July 13, 2005
NO. 16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
RESERVE FOR PLANNING CAPITAL PROJECTS
CAPITAL PROJECTS
We, Anthony M. Masieilo, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the
Charter, that it is necessary that the sum of $325,000 be transferred and reappropriated from the Planning for Capital
Projects account, as set forth below:
from: 30000106 - 445100 Planning for Capital Projects $325,000
To. 31500006 - 445500 Peace Bridge area interim improvements 125000
(accet to be established) Bailey Ave. Bridges over Cazenovia Creek /Bflo River $75,000
31655806- 445500 Continuing GIS Development $50,000
(acct to be established) Cars on Main Street 75000
Total $3251000
Dated: Buffalo, NY, July 19, 2005
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 17
598 MAIN STREET;
AIR EASEMENT
INTO RIGHT OF WAY
( ELLICOTT DISTRICT)
(ITEM NO. 84, C.C.P. 2/22/05)*
Mr. Howard Zemsky, Mr. Douglas G. Swift, Mr. Joseph A. Petrella and Mr. William J. Jones, principal owners of the
building located at 598 Main Street, have requested an air right easement at said address. The air right easement is
requested due to an encroachment into city right of way at this location. The encroachment in question is existing as the
three -story masonry office building has been constructed at this address after obtaining the appropriate building permit (#
2721 dated 5/2/02, photo attached). There is an overhang above the entrance at the corner of Main and Chippewa Streets
wherein a portion of the second and third floors of the building encroach over City right of way. The overhang measures
approximately 22 feet in width, encroaches a maximum of 7 feet into right of way, and begins approximately 10 feet above
the public sidewalk
The Department of Public Works, Parks and Streets has reviewed this request and has no objection to an air right
easement provided the following conditions are met:
1.That the property owner be responsible for maintenance of said encroachment for as long as it remains within City
right of way.
That the property owner supply the City with a construction in street bond and /or 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 and damage arising out of the construction, maintenance, use and removal of said encroachment.
* This item was previously approved CCP 2/22/05, #84 as a mere license encroachment, not an air easement.
Mr. Coppola moved:
That the above communication from the Department of Permit & Inspections Services dated July 21, 2005 be received
and filed; and
That the Commissioner of Department of Permit & Inspections Services be, and he hereby is authorized to issue an air
right easement to Mr. Howard Zemsky, Mr. Douglas G. Swift, Mr. Joseph A. Petrella and Mr. William J. Jones, principal
owners of the building located at 598 Main Street, subject to the conditions as listed above.
PASSED
AYES - 9 NOES -0
NO. 18
REPORT OF BIDS
DISTRICT HEAT
REPLACEMENT OF 2 ECONOMIZER
JOB NO. 0509
ELLICOTT DISTRICT
I advertised for on June 28, 2005 and received the following formal bids for District Heat, Replacement of 2nd
Economizer, on July 19, 2005.
Colgate Heating $44,000.00
142 Colgate, Buffalo, NY
John W. Danforth Co. $49,000.00
Collinwoods, Tonawanda, NY
Quackenbush Co. No Bid
495 Kennedy, Buffalo, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Colgate Heating, with a bid
of Forty Four Thousand and 00/100 Dollars ($44,000.00), is the lowest responsible bidder in accordance with the plans
and specifications:
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bids. Funds for this project are available in Division of Buildings - 36322206- 445100.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 19, 2005, 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
District Heat, Replacement of 2 Economizer, to Colgate Heating, the lowest responsible bidder, in the amount of
$44,000. Funds for the project are available in Division of Buildings - 36322206- 445100.
PASSED
AYES - 9 NOES -0
NO. 19
REPORT OF BIDS
KLEINHANS MUSIC HALL
EXTERIOR & INTERIOR RENOVATIONS
JOB NO. 0501
NIAGARA DISTRICT
I advertised for on July 1,2005 and received the following formal bids for Kleinhans Music Hall, Exterior & Interior
Renovations, on July 20, 2005.
All State Development, Inc. $41,300.00
31 Ransier, West Seneca, NY
Landmark Construction Co., Inc. $53,400.00
203 Fillmore, Tonawanda, NY
Allgaier Construction Corp. $54,900.00
4790 Thompson, Clarence, NY
Tribal Construction /Consultation $60,900.00
162 Sweeney, North Tonawanda, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that All State Development, Inc.
with a bid of Forty One Thousand Three Hundred and 00/100 Dollars ($41,300.00), is the lowest responsible bidder in
accordance with the plans and specifications:
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bids. Funds for this project are available in Division of Buildings - 34322206 - 445100.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 21, 2005, 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
Kleinhans Music Hall, Exterior & Interior Renovations, to All State Development, Inc., the lowest responsible bidder, in the
amount of $41,300. Funds for the project are available in Division of Buildings - 34322206 - 445100.
PASSED
AYES - 9 NOES -0
NO. 20
REPORT OF BIDS
MANHATTAN WATER TANK PAINTING AND REHABILITATION
MASTEN
Plans and specifications were prepared and sealed proposals accepted for the Manhattan Tank Painting and
Rehabilitation.
I submit the attached report of bids received which were opened in my office at ii:00 on June 28, 2005.
Amstar of WNY, Inc. $1,195,000.00
825 Rein Road
Cheektowaga, NY 14211
Erie Paintinf & Maintenance, Inc. $1,284,800.00
999 Rein Road
Cheektowaga, NY 14211
Marine Steel Painting Corp. $1,344,000.00
2064 Zoeller Road
Alden, NY 14004
I certify that foregoing is a true and correct statement of all bids received and that Amstar of WNY, Inc is the lowest
responsible bidder complying with the specifications.
I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter
into a contract with Amstar of WNY, Inc for the cost thereof to be charged to the Division of Water capital bond account
53180636 in the amount of $1,195,000.00 plus 5% for approved unit prices for a total encumbrance of $1,254,750.00.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 8, 2005, 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
Manhattan Water Tank Painting and Rehabilitation, to Amstar of WNY, Inc., the lowest responsible bidder, in the amount
of $1,195,000.00. Funds for the project are available in Division of Water capital bond account - 53180636 in the amount
of $1,195,000.00 plus 5% for approved unit prices for a total encumbrance of $1,254,750.00.
PASSED
AYES - 9 NOES -0
NO. 21
REPORT OF BIDS
REPLACEMENT /REMOVAL OF
TRAFFIC SIGNALS - 20 LOCATIONS
CITY WIDE
This is to advise Your Honorable Body that I have advertised and received bids on July 13, 2005 The following bids were
received:
Contractor Base Bid Total Bid Price
South Buffalo Electric, Inc. $2,149,219.51 $2,256,680.49
1250 Broadway
Buffalo, NY 14212
CATCO $2,176,569.34 $2,285,397.81
1266 Townline Rd.
Alden, NY 14004
O'Cormell Electric $2,177,706.74 $2,286,592.08
830 Phillips Rd.
Victor, NY
Destro Brothers $2,182,621.55 $2,291,752.63
411 Ludington
Buffalo, NY 14206
Spoth Enterprises, Inc. $2,251,476.82 $2,364,050.67
8746 Lakeshore Road
Angola, NY 14006
1 hereby certify that the lowest responsible bidder for the above project is South Buffalo Electric, Inc. and I respectifully
recommend that Your Honorable Body authorize a contract award to South Buffalo Electric, Inc. in the amount of
$2,364,141.47. (Base Bid of $2,149,219.51 + [5% unit price increases] $107,460.98 equals [Total Award] $2,256,680.49.)
Funds for this project are available in our Capital Account #31960406- 445100. The engineer's estimate for this work is
$2,450,325.00.
Mr. Coppola moved
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 18, 2005, 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
Replacement /Removal of Traffic Signals 20 Locations City Wide, the lowest responsible bidder, in an amount of
$2,364,141.47 (Base Bid of $2,149,219.51 = [5 % unit price increases] $107,460.98 equals [Total Award] $2,256,680.49).
Funds for this project are available in Capital Account #31960406- 445100.
PASSED
AYES - 9 NOES -0
NO. 22
REPORT OF BIDS
INTERIM PEACE BRIDGE
AREA WIDE IMPROVEMENTS
NIAGARA DISTRICT
This is to advise Your Honorable Body that I have advertised and received bids on July 21, 2005 The following bids were
received:
Contractor Base Bid Total Bid Price
Destro & Brothers Concrete, Inc. $3,029,065.00 $3,180,518.25
411 Ludington Street
Buffalo, NY 14206
Janik Paving & Construction, Inc. $3,250,790.13 $3,413,329.64
97 Evans St., P.O.Box 707
Hamburg, NY 14075
Kandey Company, Inc. $3,496,999.00 $3,671,848.95
19 Ransier Dr.
West Seneca, NY 14224
Pinto Construction Services $3,673,459.40 $3,857,132.37
1 Babcock Street
Buffalo, New York 14210
CATCO $3,971,673.00 $4,170,256.65
1266 Townline Rd.
Alden, NY 14004
1 hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete, Inc. and I
respectfully recommend that Your Honorable Body authorize a contract award to Destro & Brothers Concrete, Inc. in the
amount of $3,180,518.25. (Base Bid of $3,029,065.00 + [5% unit price increases] $151,453.25 equals [Total Award]
$3,180,518.25.) Funds for this project are available in our Capital Accounts #38310606, 37400206 & 38400206 and
matching funds provided by the Peace Bridge Authority as per the MOU with the City dated Oct. 1, 2004. The engineer's
estimate for this work is $2,750,000.00.
Daniel E. Kreuz, P.E. City Engineer
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 22, 2005, 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
Interim Peace Bride Area Wide Improvements, to Destro & Brothers Concrete, Inc., the lowest responsible bidder, in the
amount of $3,180,518.25 (Base Bid of $3,029,065.00 + [5% unit price increases] $151,453.25 equals [Total Award]
$3,180518.25). Funds for the project are available in Capital Accounts #38310606, 37400206 & 38400206 and matching
funds provided by the Peace Bridge Authority as per the MOU with the City dated October 1, 2004.
PASSED
AYES - 9 NOES -0
NO. 23
CHANGE IN CONTRACT
DELAVAN FILLMORE FIRE STATION
CONSTRUCTION
JOB #0433
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction,
General Construction, Picone Construction Corp., C #92010963.
1. Furnish and install metal open mesh lockers in lieu of phenolic lockers in the Apparatus Bay. Add $ 3,816.85
2. Furnish and install phenolic lockers in lieu of metal lockers in the locker rooms. Add $ 9,119.50
3. Furnish and install L -1 lintel in lieu of L -11 lintel over window W5 and modify lintel over W6 window. Add $ 3,335.00
The foregoing change results in a net increase in the contract of Sixteen Thousand Two Hundred Seventy One and
35/100 Dollars ($16,271.35).
Summary Current Contract Amount $1,457,306.30
Amount of This Change Order ( #2) $ 16,271.35
Revised Contract Amount $1,473,577.65
Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to CPF 30062206 445100 -
Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 20, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2,
to Picone Construction Corp., an increase in the amount of $16,271.35, as more fully described in the above
communication, for work relating to Job No. 0433, Delavan Fillmore Fire Station, Construction, General Construction, C
#92010963. Funds for this project are available in CPF 30062206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 24
CHANGE IN CONTRACT
DELAVAN FILLMORE FIRE STATION
CONSTRUCTION
JOB #0433
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction,
General Construction, Picone Construction Corp., C #92010963.
1. Lower ceiling heights in Rooms 101 -105, 105A, 106 -108, 111 -116, 118, 119 to 8'8 ".
Lower top of W1 and W2 windows to 68 ". Add $0.00
2. Increase RPZ Room size. Add $143.75
3. Change south wall of Corridor 115 to 1 hour rating. Deduct $1,763.00
4. Change doors 101 -105 to c- labeled. Add $1,357.00
5. Lower Corridor 115 ceiling to 60 ". Deduct $ 100.00
6. Install (2) 6" masonry wing walls in Apparatus Bay at each end of north wall locker run. Add $ 571.55
7. Change doors 106 -108, 111, 112, 115, 117, 121 toa20 minute fire rating. Add $ 2,001.00
8. Credit for removal & disposal of 66 cu yds not required under unit price quantity required in base bid.
Deduct $ 2,904.00
The foregoing change results in a net decrease in the contract of Six Hundred Ninety Three and 70/100 Dollars (-
$693.70).
Current Contract Amount $1,458,000.00
Amount of This Change Order ( #1) $ 693.70
Revised Contract Amount $1,457,306.30
Costs have been reviewed by the Consulting Architect (Foit- Albert Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 30062206 445100 -
Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 20, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1,
to Picone Construction Corp., a decrease in the amount of $693.70, as more fully described in the above communication,
for work relating to Job No. 0433, Delavan Fillmore Fire Station, Construction, General Construction, C #92010963. Funds
for this project are to be credited to 30062206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 26
CHANGE IN CONTRACT
ELMWOOD HERTEL FIRE STATION
CONSTRUCTION
JOB #0436
NORTH DISTRICT
I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction, General
Construction, Concept Construction, C #92010961.
1. Credit for revising ceiling grid in Kitchen #116.
Deduct $ 533.00
The foregoing change results in a net decrease in the contract of Five Hundred Thirty Three and 00/100 Dollars
($533.00).
Summary Current Contract Amount $1,853,451.00
Amount of This Change Order ( #3) Deduct $ 533.00
Revised Contract Amount $1,852.918.00
Costs have been reviewed by the Consulting Architect (Carmina & Wood, P.C., Architecture & Engineering) and the
Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be
credited to 30062306 445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 13, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3,
to Concept Construction, a decrease in the amount of $533.00, as more fully described in the above communication, for
work relating to Job No. 0436, Elmwood Hertel Fire Station, Construction, General Construction, C #92010961. Funds for
this project are to be credited to 30062306 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 26
CHANGE IN CONTRACT
ELMWOOD HERTEL FIRE STATION
CONSTRUCTION
JOB #0436
NORTH DISTRICT
I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction, General
Construction, Concept Construction Corp., C #92010961.
1.Additional costs necessary to provide and install 1 Y2' ISO insulation with Y2' OSB in lieu of 2" ISO and no plywood at
the parapet walls . OSB was added because original detail would not allow for adhesion of roofing material.
Add $ 1,509.00
The foregoing change results in a net increase in the contract of One Thousand Five Hundred Nine and 00/100 Dollars
($1,509.00).
Current Contract Amount $1,852,918.00
Amount of This Change Order ( #4) $ 1,509.00
Revised Contract Amount $1,854,427.00
Costs have been reviewed by the Consulting Architect (Carmina & Wood) and the Department of Public Works, Parks &
Streets and were found to be fair and equitable. Funds for this work are available in 30062306 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 19, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4,
to Concept Construction Corp., an increase in the amount of $1,509.00, as more fully described in the above
communication, for work relating to Job No. 0436, Elmwood Hertel Fire Station, Construction, General Construction, C
#92010961. Funds for this project are available in 30062306 445100 - Division of Buildings.
PASSED
AYES — BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON — 8
NOES — GOLOMBEK - 1
NO. 27
CHANGE IN CONTRACT
KANDEY COMPANY
CONTRACT #92010920
ELLICOTT
I hereby submit to Your Honorable Body the following change order for this contract. This change order is to allow for final
restoration for the replaced waterline on Chippewa Avenue including full depth asphalt trench restoration, mill and overlay,
and repair of damaged stamped concrete. The costs are shown below:
Costs available for review in The City Clerk's Office
Total 75,656.25
Amt. Remaining on Contract $ 16,418.49
Total Change Order Amt. $ 59,237.76
Funds are available in a Division of Water account 53180636.
1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your
Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to
issue said change order to Kandey Company. Permission is requested from Your Honorable Body to authorize the
increase in contract as stated above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 20, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to
Kandey Company, an increase in the amount of $59,237.76, as more fully described in the above commtmication, for
work relating to the final restoration for the replaced waterline on Chippewa Avenue, Contract #92010920. Funds for this
project are available in Division of Water account 53180636.
PASSED
AYES - 9 NOES -0
NO. 28
CHANGE IN CONTRACT
KANDEY COMPANY
CONTRACT #92010920
FILLMORE
I hereby submit to Your Honorable Body the following change order for this contract. This change order is necessary to
remove two (2) inoperable 16" gate valves located on South Park Avenue near the South Park lift bridge approximately 9"
deep and replace them with two (2) 16" butterfly valves including demolition and removal of the existing concrete vaults,
excavation amd backfill, maintenance and protection of traffic, and all restoration.
Contract Amount: $ 283,285.00
This Change Order: $ 41,982.11
Total Contract $ 325,267.11
Funds are available in a Division of Water account 53180636.
1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your
Honorable Body approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to
issue said change order to Kandey Company. Permission is requested from Your Honorable Body to authorize the
increase in contract as stated above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 20, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to
Kandey Company, an increase in the amount of $41,982.11, as more fully described in the above communication, for
work relating to remove two (2) inoperable 16" gate valves located on South Park Avenue near the South Park lift bridge
approximately 9' deep and replace them with two (2) 16" butterfly valves, Contract #92010920. Funds for this project are
available in Division of Water account 53180636.
PASSED
AYES - 9 NOES -0
NO. 29
CHANGE IN CONTRACT
MAIN MERCER FIRE STATION
EXPANSION & RECONSTRUCTION
JOB #0422
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion &
Reconstruction, Plumbing Work, W. C. Roberson Plumbing & Construction Corp., C #92010966.
1.Additional costs to provide and install ADA shower diverter.
Add $ 431.26
The foregoing change results in a net increase in the contract of Four Hundred Thirty One and 25/100 Dollars ($431.26).
Current Contract Amount $ 92,300.00
Amount of This Change Order ( #1) $ 431.26
Revised Contract Amount $ 92,731.26
Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 19, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1,
to W. C. Roberson Plumbing & Construction Corp., an increase in the amount of $431.26, as more fully described in the
above communication, for work relating to Main Mercer Fire Station, Expansion & Reconstruction, Plumbing Work, Job
No. 0422, C #92010966. Funds for this project are available in 30062206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 30
CHANGE IN CONTRACT
MAIN MERCER FIRE STATION
EXPANSION & RECONSTRUCTION
JOB #0422
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion &
Reconstruction, The Peyton Barlow Co., Inc., C #92010964.
1.Add costs to provide foundation repairs and additional brickwork at northeast corner of existing building.
Add $ 2,483.00
The foregoing change results in a net increase in the contract of Two Thousand Four Hundred Eighty Three and 00/100
Dollars ($2,483.00).
Current Contract Amount $1,139,125.00
Amount of This Change Order ( #3) Add $ 2,483.00
Revised Contract Amount $1,141,608.00
Costs have been reviewed by the Consulting Architect (Bergman Associates) and the Department of Public Works, Parks
& Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 13, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3,
to The Peyton Barlow Co., Inc., an increase in the amount of $2,483.00, as more fully described in the above
communication, for work relating to the Main Mercer Fire Station, Expansion & Reconstruction, Job No. 0422, C
#92010964. Funds for this project are available in 30062206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 31
CHANGE IN CONTRACT
MAIN MERCER FIRE STATION
EXPANSION & RECONSTRUCTION
JOB #0422
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion &
Reconstruction, General Construction, The Peyton Barlow Co., C #92010964.
1. Provide and install permanent signage to facade of Ladder No. 7. Add $ 3,872.00
2. Remove doorframe and wall assembly between Engine 34's apparatus
bay and hose tower and replace with a 90 minute rated doorframe and wall assembly. Add $ 2,274.00
3. Provide the concrete driveways with high early rise concrete. Add $ 566.00
4. Provide shower enclosure and base. Add $ 4,268.00
5. Provide and install revised kitchen layout per SK -6. Add $ 4,470.05
6. Modify existing hose tower classification as an exterior space
to allow truck's exhaust system fan to remain in hose tower. Add $ 2,050.00
7. Provide and install additional horizontal blinds to Engine 34 to match new blinds in Ladder 7. Add $ 1,359.00
The foregoing change results in a net increase in the contract of Eighteen Thousand Eight Hundred Fifty Nine and 05/100
Dollars ($18,859.05).
Current Contract Amount $1,150,854.00
Amount of This Change Order ( #5) Add $ 18,859.05
Revised Contract Amount $1,169,713.05
Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 19, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5,
to The Peyton Barlow Co., Inc., an increase in the amount of $18,859.05, as more fully described in the above
communication, for work relating to the Main Mercer Fire Station, Expansion & Reconstruction, General Construction, Job
No. 0422, C #92010964. Funds for this project are available in 30062206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES — 0
NO. 32
CHANGE IN CONTRACT
NORTH JEFFERSON LIBRARY
CONSTRUCTION
JOB #0324
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction Electrical
Work, Tunney Electric, C #92010831.
1. Provide and install additional electrical cable.
Add $ 1,736.34
The foregoing change results in a net increase in the contract of One Thousand Seven Hundred Thirty Six and 34/100
Dollars ($1,736.34).
Current Contract Amount $ 514,439.29
Amount of This Change Order ( #6) $ 1,736.34
Revised Contract Amount $ 516,175.63
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 37320306 445100 -
Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 19, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 6,
to Tunney Electric, Inc., an increase in the amount of $1,736.34, as more fully described in the above communication, for
work relating to the North Jefferson Library Construction Electrical Work, Job No. 0324, C #92010831. Funds for this
project are available in 37320306 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 33
DEDICATION OF STREETS
UNION SHIP CANAL
SOUTH DISTRICT
The Department of Public Works, Parks and Streets has reviewed the attached street plan maps for the conveying of title,
dedication and naming of the proposed public streets within the "Union Ship Canal' project. The plan has been reviewed
and approved by the City Planning Board. The plan and deed description has also been reviewed and approved by the
Division of Engineering.
The Department of Public Works, Parks and Streets is recommending that Your Honorable Body approve to dedicate the
public streets and the street names as shown on the attached map. Upon your acceptance and approval, the City Clerk
will certify the acceptance of the streets and the City Engineer will sign the map. At that time, the map will be filed in the
Office of the Erie County Clerk and the streets will be officially dedicated.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 21, 2005, be
received and filed; and
That the Common Council is, and they hereby are authorized to approve to dedicate the public streets and the street
names as shown on the attached map. Upon acceptance and approve the City Clerk will certify the acceptance to the
streets and the City Engineer will sign the map. The map will be filed by the City Engineer in the Office of the Erie County
Clerk and the streets will be officially dedicated.
PASSED
AYES - 9 NOES -0
PUBLIC WORKS, PARKS AND STREETS
NO. 34
INCREASE IN CONTRACT BOONE PARK
ENVIRONMENTAL REMEDIATION
GENERAL CONTRACT NO. 92010976
(SOUTH)
During construction activities for the Boone Park remediation, additional soil removals were required. Also addressed
during construction was the relocation of the basketball court as a result of input at public meetings. Therefore, we
recommend that the following changes be made to Contract No. 92010976, with Nature's Way Environmental to address
these issues.
ADD
Additional removal of contaminated soils. $ 57,554.04
Basketball Court Survey & Layout $ 3,120.00
Basketball Court equipment. $ 5,855.00
Stone & Fabric for court sub -base $ 3,350.00
Grading & Compaction $ 2,540.00
Blacktop $ 10,508.00
Backboard Installation $ 3,870.00
190' of 10' Chain link fence $ 9,309.15
Basketball Court color seal and striping $4,007.25
TOTAL $ 100,113.44
SUMMARY
Existing Contract Amount $ 532,218.50
This Increase $ 100,113.44
New Contract Amount $ 632,331.94
The New York State Department of Environmental Conservation, has reviewed and recommended these changes and
costs. Funds are available in Account 38400106. NYSDEC is reimbursing the City 90% of the eligible costs for this
project. Total cost to the City for this contract will be $101,536.65.
1 recommend that Your Honorable Body authorizes the Commissioner of Public Works, Parks and Streets to issue a
change order to C &S Engineers as outlined above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 21, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to
C &S Engineers, an increase in the amount of $100,113.44, as more fully described in the above communication, for work
relating to Boone Park Environmental Remediation, General Contract No. 92010976. Funds for this project are available
in Account 38400106. NYSDEC is reimbursing the City 90% of the eligible costs for this project.
PASSED
AYES - 9 NOES -0
NO. 35
INCREASE IN CONTRACT
BOONE PARK
ENVIRONMENTAL REMEDIATION
GENERAL CONTRACT NO. 92010853
(SOUTH)
During public meetings and construction activities for the Boone Park remediation, additional consulting services were
required. Therefore, we recommend that the following changes be made to Contract No. 92010853, with C &S Engineers,
Inc. to address these issues.
ADD
Additional design services for the relocation
of the basketball court per the community request. $1,253.34
Additional confirmation sampling due to
extended excavation limits per NYSDEC requirements. $4,733.45
Preparation of the draft
Preliminary Remedial Action Plan per NYSDEC Request. $1,950.09
TOTAL $ 7,936.88
Existing Contract Amount $117,701.00
This Increase $7,936.88
New Contract Amount $125,637.88
The New York State Department of Environmental Conservation, has reviewed and recommended these changes and
costs. Funds are available in Account 31530806. NYSDEC is reimbursing the City 90% of the costs for this project.
11 recommend that Your Honorable Body authorizes the Commissioner of Public Works, Parks and Streets to issue a
change order to C &S Engineers as outlined above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 21, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to
C &S Engineers, Inc., an increase in the amount of $7,936.88, as more fully described in the above communication, for
work relating to Boone Park Environmental Remediation, General Contract No. 92010853. Funds for this project are
available in Account 31530806. NYSDEC is reimbursing the City 90% of the eligible costs for this project.
PASSED
AYES - 9 NOES -0
NO. 36
INCREASE IN CONTRACT
CITYWIDE BASKETBALL AND TENNIS COURT IMPROVEMENTS
We are requesting permission of your Honorable Body to increase the above contract with Del Prince and Sons in the
amount of $72,060.00.
This change order will allow us to add improvements to four additional counts (two at Trinidad Park, one at Okell
Playground, and one at Lincoln Playground) that were requested by the community and Council Members. In addition
some extra work was necessary to remove concrete footers at several of the sites in the original contract. The price is
based oil unit prices in the contract and has been found to be fair and reasonable by our start:
ADD
Improvements to two courts at Trinidad Park - $31,800
Improvements to one court at Okell Playground - $15,815 Improvements to one court at Lincoln Park - $15,815
Additional concrete footer removal - $8630.00
Funds for this work are available in Bond Account 38400106.
SUMMARY
Contract Amount - $205,580.00
Change Order - $72,060.00
New Contract Amount - $277,568.00
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 21, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to
Del Prince and Sons, an increase in the amount of $72,060.00, as more fully described in the above communication, for
work relating to Citywide Basketball and Tennis Court Improvements. Funds for this project are available in Bond Account
38400106.
PASSED
AYES - 9 NOES -0
NO. 37
INCREASE IN CONTRACT
CITYWIDE SPORTS FIELD IMPROVEMENTS PHASE 1
We are requesting permission of your Honorable Body to increase the above contract with Buffalo Creek Landscaping in
the amount of $1788.00.
This change order was necessitated due to extra topsoil being necessary to top dress the fields to archive proper grading
and drainage The price is based on unit prices in the contract and has been found to be fair and reasonable by our staff
Funds for this work are available in Bond Account 38400106.
SUMMARY
Contract Amount - $36,400.00
Change Order - $1788.00
New Contract Amount - $38,188.00
Mr, Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 21, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change, to Buffalo
Creek Landscaping, an increase in the amount of $1,788.00, as more fully described in the above communication, for
work relating to Citywide Sports Field Improvements Phase 1. Funds for this project are available in Bond Account
38400106.
PASSED
AYES - 9 NOES -0
NO. 38
PROPOSAL TO RENOVATE AND USE BUILDING AT PROSPECT PARK
This department has received the attached unsolicited proposal from Ms. Mary Tomaselli to renovate and use the
abandoned building in Prospect Park. The proposal contemplates spending up to $95,000 in renovations, and to utilize
the building as a restaurant.
Ms. Tomaselli is suggesting that the capital investment being made in the building would offset the rental payments over a
15 -year lease, at which time the improvements made to the building would revert to the City.
This department does not know of any other interest in the building, and has not solicited any other proposals. We will,
however, solicit other proposals if the Council desires.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 39
REQUEST PERMISSION TO PURCHASE VEHICLES
Our department is requesting permission to buy several new trucks and equipment for our Streets Division. Vehicles to be
purchased our as follows:
1)(1) Ford F -550 dump truck City contract #7224
Cost $ 33,369.00
2)(5) Henke 10' snowplows City Contract #7201 $34,955.30
3)(2) New Holland tractors with snow blowers State Contract #PC61223SB $24,988.00
4)(2) New Holland tractors with flail mower decks State Bid Contract #PC61223 $55,000.00
5)(8) Tandem Axle Conventional Chassis for use as snow plows /refuse service.
$550,000.00
6)(4) 25 -yard Leach refuse bodies to be installed on a new chassis purchased.
$200,000.00
7)(4) John Deere wheel loaders for snow plowing use with quick coupler snowplow. $400,000.00
8) (4) 16' Dump bodies with plow frame /hydraulics and $160,000.00
ground speed control system to be installed on new chassis.
9) (4) Swenson 16' Stainless Steel salt spreader bodies to be —$ 80,000.00
used with new chassis.
In order to help finance this new equipment we are also seeking approval to trade in four —
1996 John Deere wheel loaders (vehicle numbers S -505, S -506, S -508, and S -509). These \ LOW
vehicles need extensive costly repairs, which we do not feel would be efficient. We would also "—
trade in four stainless steel 14' Air -Flo salt spreader bodies. We no longer utilize 14' dump trucks,
so the salt spreaders are no longer useful.
Funds for these purchases (not of the trade -ins) will come from the following accounts:
38300106 - 445100
15050007 - 474100
15050007 - 474200
52002607- 474100
52002607- 474200
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 19, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are
authorized to buy several new trucks and equipment, as listed in the above communication, for the Streets Division.
Funds for these purchases (not of the trade -ins) are available 38300106 -4451 fro, 15050007- 474100, 15050007- 474100,
52002607- 474100 and52002607- 474100.
PASSED
AYES - 9 NOES — 0
NO. 40
REQUEST FOR PLAYGROUND EQUIPMENT - THE CHILDREN'S
PLACE OF BUFFALO AND ERIE COUNTY
( ELLICOTT)
This department has received the attached request from The Children's Place of Buffalo and Erie County. This
organization is requesting authorization to remove playground equipment from City property in Cathedral Park.
It is our understanding that the Cathedral Park Daycare Center received grant funding from the New York State Office of
Children & Family Services to purchase this equipment in 1994. The City at the time granted permission to place the
equipment at Cathedral Park. We further understand that the Cathedral Park Daycare Center closed several years ago
and abandoned the equipment on our property.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 41
538 MADISON
REQUEST FOR TREE REMOVAL
ELLICOTT DISTRICT
CCP #51 OF 7/12/05
The Department of Public Works, Parks and Streets has investigated and reviewed the request to have the tree
located at 538 Madison removed. This location was originally on the trimming list and upon reinspecting we have added
this tree to the removal list.
RECEIVED AND FILED.
NO. 42
A. HARDING - TIME WARNER - FCC FORM 394
#54 CCP JULY 12, 2005)
The FCC Form 394 submitted by Time Warner Cable was the official request to transfer the cable franchise in Buffalo
from Adelphia to Time Warner. Under federal law, the City has 120 days to act on a complete Form 394. However, as you
can see from the attached communication from the Office of Telecommunications, the City has notified Time Warner that
additional information is needed to make the form complete. Local franchising authorities can request additional
information that is neither included in FCC Form 394 nor required by a franchise agreement. Cable operators are
generally obligated to respond promptly to such requests by completely and accurately submitting all information
reasonably requested.
The City has the right to review, approve, condition or rejected the proposed change in the cable company serving this
community. We will keep the Council informed of any developments.
REFERRED TO THE COMMITTEE ON LEGISLATION & CORPORATION COUNSEL.
NO. 43
CERTIFICATE OF APPOINTMENT
Appointment Effective July 25, 2005 in the Department of Public Works, Parks & Streets, Division of Water, to the position
of Water Meter Mechanic, Permanent Appointment at the Maximum Starting Salary of $33,350.00.
Karl Hawthorn, Jr.
76 Densmore Street
Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
NO. 44
ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES
ITEM #161, C.C.P. APRIL 13, 2004
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department
documenting the number of citations and adjudication's thereof of the city's illegal dumping ordinances:
June 2004
Total: 4
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 46
ENFORCEMENT OF NOISE ORDINANCES
ITEM #161, C.C.P. APRIL 13,2004:
The following information is submitted per the Council s request for a monthly report from the Buffalo Police Department
documenting the number of noise ordinance citations and adjudications:
June 2004
Total: 30
June 2005
Total: 26
RECEIVED AND FILED.
NO. 46
REQUEST DISPOSITION OF TYPEWRITERS- POLICE HEADQUARTERS
As per our conversation, here is a list of 17 used /broken typewriters that are located in the basement of Buffalo
Police Hdqs. all of which I would like to dispose of. I do not believe that they are of any further use to this dept, if you have
any recommendations concerning this matter I'm open to suggestions. One idea that might be considered is to donate
them to a handicapped work site for possible repair or use.
Thank you for your time and consideration of this matter.
1 Panosonic cob# 28998
1 Panosonic cob# 031947
1 Panosonic cob# 25544
1 Panosonic cob# 28583
1 Panosonic cob# 24270
1 Brother cob# 030311
1 Panosonic cob# 036617
1 Panosonic cob# 26445
1 Panosonic cob# 26444
1 Panosonic cob# 24882
1 Brother cob# 32608
1 Brother cob# 030692
1 EM cob# 030307
1 Brother cob# 032610
1 Printstyle cob# 030271
1 IBM has no cob# Town & Country decal
1 IBM has no cob# Town & Country decal
RECEIVED AND FILED.
NO. 47
CITY OF BUFFALO, POLICE DEPARTMENT
REQUEST TO EXCHANGE UNIFORM COATS AND
JACKETS FOR CREDIT TOWARD FUTURE UNIFORM
PURCHASES.
The Buffalo Police Department requests that your Honorable Body approve the exchange of surplus winter coats and
spring jackets for credit toward future all- weather coat purchases.
Prior to July 2004, the Department purchased its winter coats and spring jackets from a manufacturer that required a
minimum purchase based on its factory runs. This requirement led the Department to purchase coats and jackets that are
currently in inventory and many of which, are sizes that are seldom required. As of July 2004, the Department has
contracted with United Uniform to provide an all- weather coat that relieves the requirement of providing two (2) outerwear
items to our personnel. More importantly, the new coat is an "off- the - rack" coat that is purchased as the need arises, a
condition, which should allow the Department to minimize its inventory.
United Uniform has presented an offer to provide a 30% credit toward one (1) all- weather coat for each one of our existing
coats or jackets that the Department turns into them. Based on current inventory, that would provide an overall savings of
$7,200 on future all- weather coat purchases. While the Department will not experience a return on the full value of its
original purchase of the coats and jackets to be exchanged, your Honorable Body should understand that many of the
sizes in inventory are not likely to be needed and will result in their eventual disposal as a result of rot and aging.
If you have any questions or concerns related to this matter, kindly contact Chief Richard Ortiz at 851 -5181.
Mr. Coppola moved:
That the above communication from the Commissioner of Police dated July 21, 2005, be received and filed; and
That the Commissioner of Police and the Director of Purchase be, and they hereby are authorized to approve
the exchange of surplus winter coats and spring jackets for credit toward future all- weather coat purchases. United
Uniform has presented an offer to provide a 30% credit toward one (1) all- weather coat for each one of existing coats or
jackets that the Department turns into them.
PASSED.
AYES -9. NOES -0.
FROM THE COMMISSIONER OF FIRE
NO. 48
PURCHASE OF HYDRANT LOCKS
RES #109 CCP JULY 12, 2005
The Buffalo Fire Department does not oppose Councilmember Bonifacio's resolution for placing locks on city fire hydrants.
During emergency operations, the presence of a hydrant lock will slow - but not significantly affect - the opening of a
hydrant.
It has been a particularly hot, dry summer in the City of Buffalo. There have been a number of days during which various
groups and /or individuals have simultaneously acted to seek refreshment and the cooling effect afforded by the unlawful
opening of hydrants. This poses a hazard to firefighting forces and the general public (due to decreased water pressure in
an area), and is a wasteful use of the water utility /resource which taxpayers normally foot the bill for.
Please be aware that the City has installed "foolpr000f hydrant locks in areas where there exists a history of hydrants
having been tampered with. Before long, individuals discover a method to disarm the locking device and access the water
in the hydrant.
According to the manufacturer, McGard Inc. of Orchard Park, The Intimidator hydrant lock is the latest and greatest of
their products. It will require no modification to existing hydrants and will fit our current hydrant styles.
Purchased in a quantity of one thousand (1,000) or more, the Intimidator locks sell for $151.00 each.
The Buffalo Fire Department would need to purchase forty (40) hydrant wrenches that will fit the lock at a cost of $65.50
each and conduct a department wide training program outlining the specifics for their use. The Water Department would
also need to purchase a number of the wrenches.
The Buffalo Fire Department suggests that the City of Buffalo purchase 100 Intimidator hydrant locks for strategic
placement - at those locations known to have been opened unlawfully in the past.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 49
UPDATE OF BUFFALO FIRE DEPARTMENT FACILITIES PLAN
To Whom It May Concern:
Please file the above item for the upcoming Common Council Meeting on July 26, 2005.
Items are attached; copy available in Clerk's Office
REFERRED TO THE COMMITTEE ON BUDGET.
FROM THE CORPORATION COUNSEL
NO. 50
GULL LANDING CONDOMINIUM V. CITY OF BUFFALO, ET AL.
Please find enclosed for information purposes only the settlement agreement relating to the expansion of the
docks at the Erie Basin Marina and the lawsuit brought by Gull Landing Condominium Board of Mangers.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 51
J.N. ADAM DEVELOPMENT CENTER, PERRYSBURG, NEW YORK - REQUEST FOR THE RELEASE OF
REVERSIONARY INTEREST IN THE WATER SUPPLY, TRANSPORTATION, TREATMENT AND STORAGE SYSTEM
OF THE J.N. ADAM CENTER FROM THE TOWN OF PERRYSBURG.
Please find enclosed for your review correspondence from Attorney for the Town of Perrysburg, Gregory R. Yaw, Esq.
with attachments, requesting the City release its reversionary rights in the water supply, transportation, treatment and
storage system of the J.N. Adam Center.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 52
FIREWORKS REGULATIONS (SIC) RECYCLING EFFORTS
ITEM #133; C.C.P. MAY 3, 2005
As per the request of your Honorable Body, I am providing the following information regarding recycling efforts in the Law
Department.
Currently in the Law Department, all employees have been advised of the recycling efforts for the City of Buffalo. Each
attorney has a recycling bin in his /her office, and the support staff has several bins located throughout the common office
areas for their use. All employees have been directed to place the following materials in the recycling bins:
1. old legal papers;
2. file folders;
3. all scrap paper;
4. redwells; and
5. newspapers.
I am the person who coordinates the recycling efforts in the Law Department, and there is 100% participation by
employees in the program.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 53
PROPOSED MERGER OF THE CITY AND ERIE COUNTY
Please find enclosed for your information a copy of a letter from the New York State Office of the Attorney General
regarding an opinion from their office in the above - captioned issue.
RECEIVED AND FILED.
FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES
NO. 54
FOOD STORE LICENSE
3154 BAILEY (UNIVERSITY)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 3154 Bailey and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, police Department and Collections office I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 55
FOOD STORE LICENSE
1309 BROADWAY (FILLMORE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 1309 Broadway and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, police Department and Collections office I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 56
FOOD STORE LICENSE
817 DELAVAN EAST (MASTEN)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 817 Delavan East and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 57
USED CAR DEALER
2667 BAILEY (UNIVERSITY)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Used Car Dealer License located at 2667 Bailey and find that as to form is correct. I have caused an
investigation into the premises for which said application for a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Shlaine Freeland. The attached thereto for Shlaine Freeland d /b /a First Klass Muffler & Brake. This request is submitted
for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 58
UTILIZING FLEXIBLE FUEL VEHICLES
RES # 121 CCP JULY 12, 2005
UPON REVIEW OF THE ABOVE RESOLUTION THE FIRST SENTENCE SHOULD READ 85 PERCENT GASOLINE
AND 15 PERCENT ETHANOL. THE DIVISION OF PURCHASE AND INVENTORY & STORES HAVE BEEN
MONITORING UPDATES ON UTILIZING ALTERNATIVE FUEL VEHICLES. ONE SUCH PROGRAM THAT WAS AN
EXPERIMENT WAS THE DONATION OF GEM ELECTIC CARTS THAT WERE UTILIZED BY THE BUFFALO POLICE
DEPARTMENT. THESE ELECTRIC CARTS ARE BEING UTILIZED AT ALL PRECINTS THROUGHOUT THE CITY AND
FOR SPECIAL EVENTS. THE ONLY PROBLEM WE HAVE ENCOUNTERED IS THE REPAIR AND PARTS FOR
THESE CART, COMPETITION IS LIMITED. THE DIVISION OF INVENTORY & STORES RAN A CHECK OF FUEL
PRICES FROM THE NEW YORK STATE CONTRACT PRICING THAT WAS EFFECTIVE ON JULY 14, 2005 THE
PRICING OF THE FLEX FUEL (E -85) NET PRICE WAS 2.3245 PER GALLON, THE PRICE OF REG. GASOLINE WAS
1.7189 PER GALLON. TO PURCHASE FLEX FUEL WOULD COST THE CITY OF BUFFALO .6056 CENTS MORE PER
GALLON. WITH THE CURRENT BUDGET RESTRAINT I DO NOT SEE THIS AS A VIABLE SOLUTION.
CONSIDERATION WOULD ALSO HAVE TO BE GIVEN TO THE COST OF PURCHASING AND INSTALLING NEW
GASOLINE PUMPS TO ACCOMODATE FLEX FUEL VEHICLES. I HAVE ATTACHED A COPY OF THE JULY 18, 2005
ARTICLE FROM ASSOCIATED PRESS "ETHANOL COST ENERGY, STUDY FINDS" I BELIEVE THIS INFORMATION
WILL BE HELPFUL IN THE REVIEW PROCESS. THERE DOES NOT SEEM TO BE ENOUGH SOLID SUPPORT
SHOWING THE SAVINGS IN BOTH ENERGY AND MONIES. WE WILL CONTINUE TO MONITOR ANY ALTERNATIVE
THAT WILL SAVE ENERGY AND MONEY.
REFERRED TO THE COMMITTEE ON FINANCE.
y :IQ VA& 9:I =1111 Y67M N exel0 =I 111L97A I 15 0
NO. 69
PROPER NOTIFICATION OF SEX OFFENDERS TO
COB RESIDENTS"
RES # 101 CCP JULY 12, 2006
Please find attached a copy of the Buffalo Public Schools Procedure for notifying Parents of Sex Offenders. The Buffalo
Public Schools are no longer provided hard copy notification of Sex Offenders by the Buffalo Police Department. Our
access to this information is via the NYS -DCJS Web Site.
Our current procedure for notifying parents is attached. In early June of 2005, Lt. David Mann, BPD Sex
Offense Unit and William P. Jackson, District Security Director met with a Common Council Committee on the issue of
notification of Sex Offenders to parents. They thoroughly explained the problems associated with this process. Council
Members can consult the minutes of their meeting.
The Board of Education has posted signs at each school indicating the Notification Procedure. Any parent or
community member may access the DCJS Web Site at any school or will be helped to do so, to verify information relative
to Sex Offenders.
Written mailing to the families of each student are not possible because of the financial costs. An initial mailing
of the photos and information on over 250 registered sex offenders would cost approximately $92, 500. Each subsequent
notification would cost $12,000. Every change of a sex offenders address or status would cost $12,000. The estimated
number of changes could be as huge as 40 per year. That would be an additional $500,000 in postage a year for mailings.
These figures do not include the costs of printing notices, administrative costs for processing the notifications.
As both Lt. Mann and Mr. Jackson explained to the Council Committee the data and information is constantly
changing and such mailings are quickly out dated. The cost of such mailings is neither cost effective or enforcement
effective for the District -
In most instances sending notifications home with children is not effective or productive. With the Choice
Program for school registration less than 30% of students are attending school in the neighborhood in which they reside. It
makes little sense to provide information on a sex offender who resides on the West Side of Buffalo to children attending
school on the West Side but residing on the East Side. The Board of Education, will on the advice of the Buffalo Police
Deparlment will send such notifications home with students in individual cases.
The Buffalo Public Schools also provides an educational component to all students on avoiding improper
approaches by any person. We, along with the Buffalo Police Department believe that the best defense against Sexual
predators is close family supervision of children at all limes. The schools work closely with the Sex Offense Unit to see
that any and all reports of individual loitering or approaching students are quickly and thoroughly investigated.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
NO. 60
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage
Control Board.
Address Business Name Owner's Name
1677 Hertel Ave. Thunder Bay Inc. No Name Given
317 Hopkins Hop Inn LLC M. Quinn
1803 South Park Ave. Molly Maguire's Inc. no name given
RECEIVED AND FILED
NO. 61
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:
Fire- C— Moore,
Administration and Finance R. Olivieri
RECEIVED AND FILED.
NO. 62
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Coppola moved the approval of the appointments to the position of Council Intern.
ADOPTED.
Certificate of Appointment
Appointment Effective: July 25, 2005 in the Department of Division of to the Position of
Common Council, Intern V Seasonal NON - COMPETITIVE Appointment at the Flat Starting Salary of $8.00
Stephen D. Howard, 434 Starin Avenue, Buffalo New York 14216
Mark A. Giglio, 262 High Street, Buffalo, New York 14204
Certificate of Appointment
Appointment Effective: July 12, 2005 in the Department of Division of to the Position of
Common Council, Intern V Seasonal NON - COMPETITIVE Appointment at the Flat Starting Salary of $8.00
Sabrina May, 104 Crescent Ave, Buffalo, New York 14214
Aniela Baj, 180 Sheffield Ave, Buffalo, New York 14220
Jessica Keltz 220 Summer St # 5, Buffalo, New York 14222
Certificate of Appointment
Appointment Effective: July 25, 2005 in the Department of Division of to the Position of
Common Council, Intern IV Seasonal NON - COMPETITIVE Appointment at the Flat Starting Salary of $6.00
Crystal Feliciano, 25 Shoshone, Buffalo, New York 14214
Nikita A. Drayton, 204 Hempstead, Buffalo, New York 14216
Genetino T. Coplin, 198 Berkshire Avenue, Buffalo, New York 14215
Jerry H. Brown, 105 Huntley Road, Buffalo, New York 14215
Briana M. Ferguson, 187 Martha Avenue, Buffalo, New York 14215
Certificate of Appointment
Appointment Effective: July 12, 2005 in the Department of Division of to the Position of
Common Council, Intern IV Seasonal NON - COMPETITIVE Appointment at the Flat Starting Salary of $6.00
Victor Victori, 189 Maurice St, Buffalo, New York 14210
Shannon Sylvia, 123 Walter St, Buffalo, New York 14210
Alex Rusin, 240 Lewis St, Buffalo, New York 14206
Arthur Robinson III, 192 Maurice St, Buffalo, New York 14210
Certificate of Appointment
Appointment Effective: July 11, 2005 in the Department of Division of to the Position of
Common Council, Intern IV Seasonal NON - COMPETITIVE Appointment at the Flat Starting Salary of $6.00
Sean Tulumello, 137 Parkside Avenue, Buffalo, New York 14214
Brenton J. White, 984 Smith Street, Buffalo, New York 14206
Elyse M. Woods, 230 Swan Street, Buffalo, New York 14204
Angela Pritchett, 1017 Smith Avenue Buffalo, New York 14212
Robert Quintana, 303 Jersey Street, Buffalo, New York 14201
Larthonia Redden, 60 Lemon Street, Buffalo, New York 14204
Certificate of Appointment
Appointment Effective: July 6, 2005 in the Department of Division of to the Position of
Common Council, Intern IV Seasonal NON - COMPETITIVE Appointment at the Flat Starting Salary of $6.00
LaTosha Clemons, 410 Cambridge Ave., Buffalo, New York 14215
Antoine Callahan, Buffalo, New York 14208,
Nia Stanford, 362 Northland Ave., Buffalo, New York 14208
Jameine Barber, 99 Brinkman Ave., Buffalo, New York 14211
NO. 63
APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
T Wright REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 12,2005 in the Department of Executive, Division of Mayor
to the Position of Intern II, Seasonal, Non Competitive at the Flat Starting Salary of: $5.15/hr
Justin Mac Queen, 348 Downing, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 11,2005 in the Department of Executive, Division of Mayor
to the Position of Intern II, Seasonal, Non Competitive at the Flat Starting Salary of: $5.15/hr
Lindsay Pajak 79 Frank, Buffalo, NY 14210
Rhayza Quiles 88 Hudson, Buffalo, NY 14201
Jennifer DiLeo 58 Crestwood, Buffalo, NY 14216
Kellianne Roessler, 24 Red Jacket Pkwy, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 18,2005 in the Department of Executive, Division of Mayor
to the Position of Intern I, Seasonal, Non Competitive at the Flat Starting Salary of: $7.00 /hr
Jacqueline Wozniak, 5 Wildwood, Buffalo, NY 14210
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 12,2005 in the Department of Executive, Division of Mayor
to the Position of Intern I, Seasonal, Non Competitive at the Flat Starting Salary of: $7.00 /hr
Tamara Wright, 55 Marne Rd., Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 11,2005 in the Department of Executive, Division of Mayor
to the Position of Intern I, Seasonal, Non Competitive at the Flat Starting Salary of: $7.00 /hr
Jonathan Sommer, 47 Southwood Dr., Buffalo, NY 14223
Sean B. Kelly 280 Woodward, Buffalo, NY 14214
NO. 64
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 14, 2005 in the Department of Public Works, Division of Streets to the Position of
Laborer 11, Seasonal Appointment at the Flat starting salary of $8.15/hr
Mark D. Christy, 55 Homer Avenue, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 25, 2005 in the Department of Public Works, Parks & Streets
Division of Water to the Position of Water Service Worker, Seasonal, Non - Competitive at the Flat
Starting Salary of $8.15/hr
Jeffrey Ford, Jr., 47 Alturia Street, Buffalo, New York 14220
Vernard Millner, 65 Kirkpatrick, Buffalo, New York 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 19, 2005 in the Department of Public Works, Parks & Streets
Division of Water to the Position of Water Service Worker, Seasonal Non - Competitive
at the Flat Starting Salary of $8.15/hr
Carmine Marinaccio, 279 Has6ings Avenue, _Buffalo, New York 14215
NO. 66
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE: July 18, 2005 in the Department of Fire Division of Fire to the position of Motor
Equipment Mechanic, provisional at the Minimum salary of $28,999
Richard Adinolfi, 56 Belmont Street, Buffalo, New York 14207
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE: July 18, 2005 in the Department of Human Resources Division of Compensation and
Benefits to the position of Benefits Manager Temporary Appointment at the Minimum salary of $35,483
Nicole Jordan, 25 Mapleridge Ave, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective July 18, 2005 in the Department of Public Works, Parks and Streets, Division of Water to the
position of Caulker, Permanent Non Competitive at the minimum Starting Salary of $32,392.00
James Mascari, 14 Carmel Road, Buffalo, New York 14214
CERTIFICATE OF APPOINTMENT
Appointment effective July 18, 2005 in the Department of Public Works, Parks and Streets, Division of Water to the
position of Maintenance Assistant Water, Temporary Promotion at the Starting Salary of $28,280.00
Kathleen Kumro, 100 Indian Church Road, Buffalo, NY 14210 $29,038
James McCabe 29 Mayer Ave Buffal, NY 14207
Certifioate of Appointment
Appointment effective July 25, 2005 in the Department of Public Works, Parks and Streets, Division of Water
to the Position of Water Meter Mechanic, Permanent Appointment at the minimum starting salary of
$29,038.00
James McCabe, 29 Mayer Avenue, Buffalo, NY 14207
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO.66
J. ANTONIO - CATHEDRAL PARK PLAYGROUND
My Name is Jayne Antonio and I am the director of the Children's Place of Buffalo & Erie county. We are a licensed day
care center, which specifically services City of Buffalo and Erie County employees with discounted day care. I am writing
on behalf of myself, the children and families we serve and our Board of Directors.
We are requesting ownership of the abandoned playground, which is located at Cathedral Park. After several failed
attempts to communication with St. Paul's Cathedral about ownership, we decided to do our own research. We also
needed to find the source of the funding in which the equipment was purchased. The land is owned by the city and the
equipment was purchased by a rant from the New York State Department of Children and Family Services.
I have attached a copy of a letter sent to us by The Office of Strategic Planning Division of Citizens Services. This letter
clearly states that the Cathedral did not wish to maintain the above - mentioned area. As stated above, we tried several
times to work with the people at St. Paul's. Our calls were not returned. I have also attached the letter sent to Mr. Joseph
Giambra from our Board of Directors treasurer, Mrs. Amy Hughes.
We are licensed to serve 57 children. We have a beautiful courtyard to house the un- maintained equipment. It would be
cared for and utilized by our organization and the many children who would be delighted to climb and slide daily.
The Children's Place was opened in 1985 at 25 Delaware to serve city & county employees. With the help of the City of
Buffalo & The County of Erie, we were established. We have not asked for help from the city since our doors opening in
the 80's. We are asking for help right now.
Thank you for your time and consideration in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 67
PROJECT BASED SECTION 8
Thank you for your letter of May 11, 2005, enclosing a copy of the resolution adopted by the Common Council
of the City of Buffalo, item # 103, Project -Based Section 8 and Other Housing within the City of Buffalo. You requested
comments and /or recommendations from the Department of Housing and Urban Development.
The resolution, among other things, seeks federal legislation regarding the administration of the Section 8
program. Currently, the Section 8 program is administered according to, and in compliance with, existing legislation and
regulations. The Congress of the United States must originate any changes to the statute governing the Section 8
program. Therefore, you should continue to work with your congressional representatives for any recommendations
and /or revisions to the Section 8 program.
Where appropriate, and for those components of the resolution that do not require legislation, the Department
will take the Common Council's recommendations concerning Project -Based Section 8 and other housing issues under
consideration when reviewing HUD's programs.
Thank you for your interest in the Department's programs.
RECEIVED AND FILED.
NO. 68
CITY OF CORNING - RESOLUTION RE: INFO ON SEX OFFENDERS
Dear City Clerk:
The Corning City Council recently adopted the attached Resolution concerning sex offenders and has requested a copy
be sent to each City in New York State.
The City Council is seeking support from other municipalities to pass similar resolutions. If you could forward this letter
and resolution to your City Council or Manager /Administrator, it would be greatly appreciated.
WHEREAS: New York State's Sex Offender Registration Act was signed by Governor George E. Pataki in July 1995, and
became effective on January 21, 1996; and
WHEREAS, New York State's Sex Offender Registration Act requires registration as a sex offender upon a conviction of a
listed offense or a conviction for an attempt to commit a listed offense; and
WHEREAS, New York State's Sex Offender Registration Act does not prohibit sex offenders registered under the Act from
living in close proximity to facilities where children congregate (i.e. schools, playgrounds, parks, youth centers, registered
day care centers, etc.).
NOW THEREFORE, BE IT RESOLVED that the Coming City Council hereby calls upon Governor George E. Pataki and
the New York State Legislature to amend the Sex Offender Registration Act to prohibit Level 2 and Level 3 sex offenders
from living within close proximity to schools, playgrounds, parks, youth centers, registered day care centers, etc.
AND, BE IT FURTHER RESOLVED that the Coming City Council hereby requests City Manager, Mark Ryckrnan, forward
to all New York State Cities and the New York Conference of Mayors and Municipal Officials a copy of the Resolution
proposing a change to the Sex Offender Registration Act; and respectfully request their support.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 69
PLAYGROUND LOCATED IN CATHEDRAL PARK
Please file the attached item for the Common Council meeting to be held on July 26, 2005.
Copy in Clerk's Office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 70
PHILADELPHIA FLEET REDUCTION
Please file the attached item for the Common Council meeting to be held on July 26, 2005.
This information was received in my monthly Public Manager magazine from the International City / County Management
Association (ICMA). It may be of interest to you.
Philadelphia recently committed itself to reducing the size of its vehicle fleet. As a result the city will avoid $9 million in
spending over the next 5 years. This calculation includes the costs of acquisition, parking, maintenance, repair and fuel.
The total also includes an offset for Philadelphia's automated vehicle sharing program, as discussed below. No
department or type of employee was exempted from this fleet reduction program; the police and fire departments have
participated as well as commissioners.
The City has achieved great results following these 10 steps.
1. Appreciate the importance of reducing fleet size.
Fleet size is the "super- variable" driving overall costs. Aggregate fleet costs (FC) can be represented by the equation FC
_ [A + R/M + F + 1 /0] x #V, where A = acquisition costs; R/M = repair /maintenance costs; F = fuel costs; 1/0 =
indirect /overhead costs; and #V = number of vehicles. Regardless of how well costs are managed and efficiencies
generated, fleet costs will still be proportional to the overall vehicle size.
2. Get high -level buy -in.
The support of the legislature, mayor, department heads are critical for success.
3. Assemble an authoritative and representative project team.
The project team included representatives from finance, mayor's office, and fleet management that had the authority,
capacity and autonomy to move the project in what was often an emotional environment.
4. Identify ambitious quantitative and qualitative goals.
The City committed itself to purging underused and passenger vehicles (primarily sedans and SUVs) from the fleet with
an overall goal ranging from 300 to 500 vehicles. City leaders wanted to reduce the fleet but also wanted to change the
culture involving personally assigned vehicles
Remainder of text in Clerk's Office.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 71
ANTI - FLIPPING TASK FORCE
Copy filed in Clerk's Office
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF
ADMINISTRATION AND FINANCE, DIRECTOR OF STRATEGIC PLANNING AND COMMISSIONER OF
ASSESSMENT /TAXATION.
NO. 72
SUPPORT FOR CONGRESSMAN HIGGIN'S COMPLAINT AGAINST NEW YORK POWER AUTHORITY
Please file the attached item for the Common Council meeting to be held on July 26, 2005.
1 am writing in strong support of Congressman Brian Higgins' formal letter of complaint to the Federal Energy Regulatory
Commission (FERC) dated July 18, 2005, and in support of his efforts to secure a more fair and equitable settlement for
Buffalo and Erie County from the New York Power Authority (NY PA). As The New York Power Authority prepares to
apply for a new license from the federal government to operate the Niagara power project, NYPA cannot ignore the
environmental impact their equipment, and the Project location, have caused to our waterfront. This impact must be
properly addressed and remedied in any new license the NYPA receives.
The NYPA's silence on the impact of the ice boom on the environmental, economic, climatic, and aesthetic conditions of
our waterfront, as detailed by the U.S. Department of the Interior, is unacceptable. If the NYPA continues to ignore the
impact of the ice boom, and the Project in general, and does not negotiate in good faith with Buffalo and Erie County, then
this community cannot support granting another licensee to the New York Power Authority to operate one of our greatest
regional assets, the Niagara Power Project.
I support Congressman Higgins' formal letter of complaint and appreciate your consideration.
RECEIVED AND FILED.
NO. 73
B. DAVIS -H. GORINO -REQ. PERMISSION ENGAGE IN CONTRACT DISCUSSIONS WITH BCAR TO OPERATE
VARIOUS OFF - STREET PKG. FACILITIES
The City of Buffalo Common Council Finance Committee is currently reviewing your request for permission to engage in
contract discussions with Buffalo Civic Auto Ramps Inc. to operate various off - street parking facilities.
While my Committee desires to move forward as expeditiously as possible, it also intends to exercise due - diligence in the
process. At the most recent Finance Committee meeting, numerous questions were raised the answers to which are a
pre- requisite to further Council deliberation on this matter.
We request your patience and cooperation in reviewing the attached listing of questions. Please respond in writing, prior
to the Council caucus scheduled for 2:00 p.m. on Monday, July 25, 2005. We also ask that a member(s) of the Board of
Parking be available to attend the meeting should the Council find it necessary to request clarification of your responses.
Please file your response with my office as soon as possible to facilitate distribution to and review by all Councilmembers.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 74
B. DAVIS -C. HAWLEY - WATERFRONT SCHOOL /HEALTHNOW PROJECT
I am writing on behalf of two civic organizations, the Campaign for Greater Buffalo and the New Millennium
Group, to express several concerns regarding the Waterfront School /HealthNow project sited along the Court Street
corridor west of City Hall.
While we are very excited about the prospect of HealthNow's relocation to downtown Buffalo, in addition to the
upcoming renovation of the Waterfront School, we also believe designing the project to fulfill the goals of the city's Queen
City Hub Plan is paramount.
We are primarily concerned with the pending sale of the BURA -owned portion of 43 Carolina Street to be given
over to for vehicle access along the Court Street right -of -way to a proposed surface parking lot for the Waterfront School
and, more importantly, with the sale of the 6.5 -acre portion of 43 Carolina, north of Court Street, to be given to Duke
Realty for mostly unspecified purposes. Our concerns fall into two categories:
that the city preserve the opportunity to resurrect the former neighborhood between Court and Carolina streets with
residential and mixed -use development centered around its historic street grid, and
that the city take advantage of any opportunity to restore Court Street, a keyspoke in the Ellicott street grid, along its
original alignment extending to the site
of the former Erie Canal, today the 1 -190
The award - winning Queen City Hub Plan stresses the importance of restoring the Ellicott street grid, developing
downtown with mixed and integrated uses, and creating a pedestrian- focused, walkable environment. The Waterfront
School /HealthNow project, as it is currently configured, would place all these goals in jeopardy without significant
modifications to the plan now being discussed.
Concerns about future development of Lower West Side
As it currently stands, the HealthNow project appears it can move forward as
planned within the confines of its corporate campus between Court and Genesee streets. Duke Realty, which will
construct as well as own the property to be rented by , HealthNow, has also requested ownership of the vast portion of 43
Carolina Street north of Court Street for purposes unrelated to HealthNow. While Duke Realty has submitted site plans for
a small daycare center on the site, we are alarmed that such a large piece of downtown property would be given over for
such a small purpose. We remain unconvinced that daycare facilities cannot simply be located within the HealthNow
campus south of Court Street. We believe Duke Realty is interested in retaining this 6.5 -acre site mostly for speculative
purposes, when in fact such a valuable site should be retained by BURA for a greater variety of community- enhancing
uses.
We are alarmed the City is proposing to devote nearly all the vacant land behind City Hall to essentially a single
purpose, controlled by a single out -of -town developer. We believe the city would be better served by following the Queen
City Hub Plan's call to avoid superblock -type development, where vast portions of land are given over to vast, single
purposes. We are excited to see Duke Realty redevelop the Gasworks site for the HealthNow project, but we believe
BURA must retain 43 Carolina for a mix of residential and retail uses that may ultimately compliment the HealthNow
project in the future.
Concerns about the Court Street right -of -way
A portion of the 43 Carolina property, overlapping the fight -of -way of Court Street, is also being proposed for
transfer from BURA to the City for vehicle access to a proposed surface parking lot for the Waterfront School. We are
relieved to learn there are no plans to build over the right -of -way of Court Street for either the HealthNow or the school
project, but we remain firm that the City is not following the Queen City Hub's call to restore Court Street as an integral
part of the Ellicott street system. The planned 200+ car parking lot would be built directly over the former right -of -way of
Court Street, precluding any possibility of the street being restored in its entirety in the near future.
In order to protect important view corridors to City Hall, retain the possibility of eventually connecting Court
Street to the waterfront, and to protect the integrity of the historic Ellicott grid, we urge the City to maintain BURA
ownership of the portion of 43 Carolina overlapping the Court Street right -of -way until a plan can be devised to resurrect
Court Street to its full alignment from City Hall to the former Erie Canal.
Request to retain 43 Carolina is BURA ownership
We believe that modifying the upcoming Real Estate Transfer Agreement (RTA) to exclude the 43 Carolina
Street property would mitigate our immediate concerns while still allowing the HealthNow project to move forward as
planned.
The Campaign for Greater Buffalo and the New Millennium Group hope that the City as well as private partners
will continue to include the public in their efforts to improve the quality of their projects, especially where the future of
downtown is being decided. Thank you for your consideration and please direct any of your concerns to the address
above.
RECEIVED AND FILED.
NO. 76
SIDEWALK DAMAGE AT 42 -44 DAYS PARK
Please file the attached correspondence for the upcoming Council Session to be held on Tuesday, July 26, 2005 for
further discussion.
Thank you in advance for you assistance in this matter.
Copy in Clerk's Office.
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS.
NO. 76
R. ERNST- REQUEST ALTERATION OF SIGNAL -PINE STREET
I am concerned about the signal at Broadway and Pine Street.
Several times on most days I travel back and forth on Broadway and find myself waiting at the red light on the above
mentioned streets.
Pine street is very sparsely traveled these days and I am asking you to research the possibility of having the Pine street
signal turned off.
If that could not be accomplished is there a possibility that the light could be changed to a blinker or a caution light, or at
the least re- programmed to favor Broadway.
As you know, Michigan Avenue is only a few hundred yards
from Pine street and many times I get caught for both lights.
I have talked to several people, both city and state and got the same answers from all; any action on traffic light problems
has to be initiated by the Councilmember for the concerned district.
I hope you will be able to help with this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS.
NO. 77
R. FONTANA -W. KINDEL- STREAMLINING OF COUNTY GOVERNMENT
Everyone is saddened by the malfunction and dysfunctional County government.
A loss of confidence in County government is obvious and matters are complicated by a legacy of debt that will have to be
repaid by the taxpayers through no fault of their own.
Therefore, as we look forward to the election of a new County Legislature in the fall of 2005, 1 believe it is appropriate that
we prepare now those of us who live in the towns, villages and cities to have our voice heard on the reshaping of County
government and County services. The thought process that I would like to present now is one that has been shared by
many of my colleagues in other towns in Erie County.
Here is the philosophy in general, really the dismantling of County government as we know it now and replacing it in the
following manner:
1. Basic services and functions such as roads, police, fire, tax collection, etc. shall be preformed by town, village
and city governments. Revenues now assigned to the County of Erie for these functions shall be transferred to
the appropriate local agency.
2. For those services not necessarily associated with individual community governments, such as Dunn Tire Park,
HSBC Arena, Ralph Wilson Stadium, Erie Community College, ECMS and other, these functions shall be taken
over by the State of New York.
There may be some need for management of the County to provide other services that are mandated by law and in that
case a business manager on staff should be appointed for that purpose.
In summary, we will streamline County government by eliminating County government as we know it and pattern
ourselves after the state of Massachusetts where County governments were abolished in the late 90's.
I would like to have your comments and reviews. I think it is now time for us to step up to the plate to present to the public
a better, more effective way of managing the services of our County. I believe, as many of you believe, that town, city and
village governments can perform the functions more effectively at less cost.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO.78
NYS DOT-DESIG NATION OF RESTRICTED HIGHWAY- VARIOUS
Copy Available in Clerk's Office.
RECEIVED AND FILED.
NO. 79
W. SCHLABACH -DAVIS FREIGHT MGMT. INC.- PURCHASE OF FIREHOUSE - ELMWOOD & GREAT ARROW
Per our conversation on Friday July 15, 2005 My company, Davis Freight Management is very interested in
purchasing the firehouse on the comer of Elmwood & Great Arrow (Engine 36) for our office. I contacted the City of
Buffalo Real Estate Dept. regarding this and they said "they did not have any information that they could give me ". They
told me to contact my councilmen for any information I needed. Is it possible for you to obtain the specifics for me? Size of
building & lot, taxes and any other info would be helpful. My work # 871 -1780 and my cell # 570 -7887 you can call
anytime on this matter.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND DIRECTOR OF REAL ESTATE.
NO. 80
STATE ENVIRONMENTAL QUALITY REVIEW- SOLICITATION FOR LEAD AGENCY STATUS - UNLISTED ACTION
Buffalo River Water Trail Project LOCATION: City of Buffalo, County of Erie
PROJECT NO.: C617 -05 -413
Erie County has identified this project as an Unlisted action for the purpose of SEAR. Erie County requests lead agency
status for this project, pursuant to Part 617.6 (b).
The reasons for this request are as follows:
The anticipated impact of the action being proposed is primarily of regional significance.
This agency has the broadest governmental powers for investigation into the impacts of the proposed action.
This agency has the greatest capability for providing the most thorough environmental assessment of the proposed
action. Any involved or interested agency may submit objections in writing within thirty (30) days of the date of this
notification. If no objections are expressed, Erie County will assume lead agency status for this action and will make a
determination of its significance. A preliminary finding that the project will not have a significant effect on the environment
has been made by Erie County. The County anticipates issuing a negative declaration. The EAF is attached for your
review.
Written comments may be submitted to:
Thomas R. Hersey, Jr.
Coordinator, Office of Pollution Prevention
Erie County Department of Environment and Planning
Division of Environmental Compliance, Room 1077
Rath Building, 95 Franklin Street
Buffalo, New York 14202
Before July 30, 2005
RECEIVED AND FILED.
NO. 81
F. KING & L. WILLIAMS- COMMENTS - DELIVERING PUBLIC HOUSING SECURITY SERVICES
Please file the attached document that was presented by Frank King & Leonard Williams of the Residents Advisory board
of the BMHA at the Committee on Community Development Meeting held on Wednesday, July 20, 2005.
Please refer to the Legislation Committee.
Copy in Clerk's Office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 82
REMOVAL OF NO PKG. SIGNS -E. DELAVAN & JEFFERSON AVE.
I am writing to respectfully request your assistance in filing the attached document for the next Common Council meeting
on July 26, 2005.
1 thank you for your assistance in this matter. Should you have any questions, please feel free to contact me at (716) 851-
5145.
1 am writing to respectfully request your assistance in removing the No Parking Signs near the corner of E. Delavan Ave.
and Jefferson Ave., in respect to Buffalo's Golden Corner, located at 1715 Jefferson Ave. (at the corner of E. Delavan).
Currently, the No Parking Signs have already been removed from the Jefferson Ave. side of the property; however,
signage remains on E. Delavan Ave. as patrons continue to receive tickets from the Buffalo Parking Enforcement Officers
for quick purchases.
The small business proprietor truly appreciates all that has already been done, but continues to worry that the increased
frequency of tickets and lack of parking will stymie store sales and expected growth. As a cornerstone in the community,
and a gateway into the Hamlin Park Historical Neighborhood, his business is essential. The removal of the signage is
simply to accommodate small business and its respective patrons.
I thank you for your assistance in this matter. Should you have any questions, please feel free to contact me at (716) 851-
5145.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER PUBLIC WORKS, PARKS AND STREETS
AND DIRECTOR OF PARKING ENFORCEMENT.
NO. 83
REQUEST REIMBURSEMENT OF FEE
I am writing to respectfully request your assistance in filing the attached document for the next Common Council meeting
on July 26, 2005.
1 thank you for your assistance in this matter. Should you have any questions, please feel free to contact me at (716) 851-
5145.
Mr. David Krug
Coordinator of Development Plans
Permits & Inspections Department
Rm. 301 City Hall
Buffalo, NY 14202
323 Wohlers Ave., Reimbursement of $250 Common Council Fee
I write this letter on behalf of Mrs. Sandra Handsor, a resident of the Masten District; who was informed by a staff member
from the Permit Office that she needed to present her application for a home -based business at 323 Wohlers Ave. to the
Common Council, a $250 non - refundable fee. However, at the Common Council meeting on June 28, 2005, Mrs. Handsor
was informed that she was supposed to go before the Zoning Board for approval instead of the Common Council.
She was provided erroneous information by a staff member and therefore should not be punished by having to seek
reimbursement through the lengthy claims process. The proper solution to this matter would be the reimbursement of her
$250 directly from the Permits Department. Mrs. Handsor has already paid the $70 fee to appear in front of the Zoning
Board, eliminating the need for a credit. She has been seeking assistance through my office as well as through Mr. David
Grundy from Permits.
If my office can be of any further assistance, please call 851 -5145.
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND COMMISSIONER OF
PERMITS /INSPECTIONS
NO. 84
BUFFALO CIVIC AUTO RAMPS INC.
INFO ON RFP
Dear Clerk of the Common Council:
Enclosed is a copy of my letter of this date to Corporation Counsel Michael B. Risman. I respectfully request that you file a
copy of this letter to make it a matter of record for the meeting of the Common Council scheduled on Tuesday July 26,
2005.
Thank you for your assistance.
Very truly yours,
JAECKLE FLEISCHMANN & MUGEL, LLP
Buffalo Civic Auto Ramps Inc. ( "BCAR ")
This is in response to the suggestion made at a recent meeting of the Common Council Finance Committee that BCAR
should be disqualified as a bidder to manage the City -owned parking ramps going forward because it lacked the five years
of experience called for in the RFP. Nothing could be further from the truth.
BCAR came into existence in 1953 as a New York stock corporation only because there was no New York not - for - profit
corporation law at the time. The sole activity of BCAR from its inception in 1953 has been the management of the City
owned downtown parking ramps which it has continued to do as its exclusive activity for now over fifty years. From its
inception BCAR has consistently managed the City owned ramps on a not - for - profit basis and has never realized even
one dollar of taxable income.
The New York not - for - profit corporation law came into existence in the early 1970s. There was no urgency for BCAR to
convert to a not - for - profit corporation form because those in City government at the time realized that BCAR operated as
a non - profit entity which turned all parking fees in excess of operating expenses over to the City of Buffalo. It wasn't until
recently that false rumors began to surface suggesting that BCAR shareholders and directors were somehow profiting
from the BCAR operations. The fact is that neither the shareholders nor the directors of BCAR have never received one
dollar from BCAR. It was therefore decided to convert the
Buffalo, New York Amherst, New York Rochester, New York
Michael B. Risman, Esq.
form of the entity to a not - for - profit corporation to match the form of the entity with the reality of the operation of BCAR
since its inception in 1953. Only the form and no part of the substance of BCAR has changed. The not - for - profit
corporation has the same board members, the same officers, the same employees and all of the same assets as the
former business corporation BCAR. The City has acknowledged that it is the same entity in
substance but simply in a new legal form when it recognized the not - for - profit corporation V
BCAR as the continuing party to the current Management Agreement with the City pursuant
to which BCAR continues to manage the City owned parking ramps.
The vast majority of the current BCAR employees, officers and directors have been involved in managing the City -owned
parking ramps for well in excess of the minimum five year experience level required in the RFP. Indeed some of these
individuals have been doing so for as many as thirty or forty years.
In summary, the change in form from a business corporation to a not - for - profit corporation which was done to exorcise the
false rumors does not alter the fact that those involved in managing and operating BCAR, a not - for - profit corporation,
clearly meet the minimum five year experience requirement of the RFP.
Please contact me if you have any questions or need further information concerning this matter.
Very truly yours,
JAECKLE FLEISCHMANN & MUGEL, LLP
PAUL C. WEAVER
NO. 85
W AMUDA, NFTA -METRO OBTAINING GRANT FUNDING FOR BICYCLE RACKS
This is in response to your letter to Larry Meckler dated June 3, 2005 regarding "Obtaining Grant Funding for Bicycle
Racks ".
As part of the Metro bus replacement program, all new bus orders provide for bicycle racks. It is anticipated that during
the next three years the NFTA will be purchasing approximately 170 new buses, all of which will include bicycle racks.
RECEIVED AND FILED
PETITIONS
NO. 86
SUPPORT POLICE PATROL IN FILLMORE LEROY AREA
Dear Mr. Chwalinski:
I am writing to respectfully request your assistance in filing the attached document for the next Common Council meeting
on July 26, 2005.
1 thank you for your assistance in this matter. Should you have any questions, please feel free to contact me at (716) 851-
5145.
Sincerely,
Antoine M. Thompson
Masten District Council Member
City of Buffalo
I am a residednt of I am writing this letter to support the police patrol enforcement by the City of
Buffalo police department and common council in the Fillmore -Leroy area. Our families and children safety is an important
factor to bring a quality of life environment for our community and local businesses.
Your immediate attention and cooperation is very much appreciated to secure the safety and welfare to our families and
children which is very much needed in our Fillmore -Leroy communities. Sincerely,
REFERRED TO THE COMMITTEE ON FINANCE
NO. 87
B RUSSELL -C LACORTE & O PETITION FOR TAX RELIEF
To: Bonnie E. Russell
University District Council Person
Small business tax relief has been a significant factor in getting our economy and entrepreneurial sector back on traek.
Tax cuts, not increases, will help small businesses and the economy by removing any doubt about their staying power.
In the coming weeks, the common council will consider legislation to renew the Bailey- Amherst District Management
Association contract. If approved, a special assessment tax will apply to the small business owners on Bailey Avenue
between Phyllis and Stoekbridge Avenues.
To mandate a tax for the small businesses in this area is unfair and unjust. A tax for a select few is unreasonable and
inequitable.
The vitality and strength of our city's economy depends upon small firms having more of their resources to
invest in their business and workforce. Fewer taxes, not more, will help foster certainty, which is critical to
business development, expansion and hiring needs.
To legislate this special assessment tax on the select few businesses in the University District is an unnecessary burden.
We, as responsible business and property owners, are more than willing and capable of maintaining our own properties.
We the undersigned business and property owners, strongly oppose any form of additional taxes that may be placed on
us by the common council. The hardship that the special assessment tax places on the small business owner far
outweighs any benefits.
We do not wish to participate in the Bailey- Amherst District Management Association, request that their contract not be
renewed and that the special assessment tax be eliminated.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUSEL AND THE COMMISSSIONER OF
ASSESSEMENTS
REGULAR COMMITTEES
CLAIMS
(JEFFREY M. CONRAD, CHAIRMAN)
NO 88
PERSONAL INJURY
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
A 1 Mary T. Woods $89,000.00
A 2. James Notaro $500.00
A 3. Claire D. Adam P /N /G of Richard adam $75,000.00
A 4. Lisa Cosentino $30,000.00
That cheeks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases and closing papers.
PASSED
AYES - 9 NOES -0
""""Mr. Fontana in the Negative on A -3 Only
NO. 89
PROPERTY DAMAGE
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
B -1 Traci Hoffman, 15 Albert, 14207
This is for a replacement tile that Claimant has to purchase as a result of an accident on March 2, 2005 in front of 325
Riverside Avenue. Her car went into large water filled hole in the street. $116.11
B -2 Jessie Johnson, 45 Northumberland, 14215
This is for reimbursement of a 1988 Ford F150 pickup truck, which was towed and ordered to be sent to M &M salvage on
January 24, 2005 by a Parking Enforcement Officer. $400.00
B -3 Barbara Knightner, 236 Ingham Ave., 14218
This is for damage to a 1991 Dodge Dynasty, which occurred on June 9, 2005 at 108 Alsace. $2017.06
B. -4 Mike Lee, 71 Otis Place, 14209
This is for reimbursement of a radio, CD player and television system that was stolen out of the claimant's vehicle while it
was in the care, custody and control of the City Dart Street Garage. $700.00
B. -5 Lisa Lickfeld, 41 Pritchard Street, 14210
This is for reimbursement of a pair of sneakers and socks, which were destroyed on June 14, 2005. $45.00
B. -6 Louise Rawlings, 72 Midway Avenue, 14215
This is for damage sustained to the roof of the house at 72 Midway Street. $1500.00
B. -7 Teresa Sabia, 140 Hubbell Avenue, 14220
This is for a garbage container mistakenly taken by the Sanitation Department on May 30, 2005. $14.99
B. -8 Paul Shriver, 161 Ridgewood Road, 14220
This is for replacement of a planter and plants which claimant states was mistakenly picked up by the trash on 4- 13 -05.
$31.00
B. -9 Theodore Szymaszek, 45 Sirret Street, 14220
This is for damages to the sidewalk and driveway apron at 45 Sirrett
Street. $1050.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 90
MISCELLANEOUS INVOICES
C. -1 Campagna, Dennis
This is a claim for payment of a prior fiscal year invoice from the Human Resources Department that was never received
until May 2005. $400.00
C. -2 Emergency Apparel & Supply
This is a claim for payment of prior fiscal year Invoice Nos. 6287 and 7223 for services rendered to the Fire Department.
$355.95
C. 3. Environmental Education Associates
This is a claim for payment of prior fiscal year Invoice Nos. 9861, 10667, 10927, 10928, 10929, 10930, 10931, and 10932
for services rendered to Permit and Inspections. $1,209.00
C. 4. First Niagara Risk Management, Inc.
These invoices were unpaid during the transition period when David Gannon from Human Resources was retiring and the
Law Department was taking over his property damage claims. $1,453.50
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES - 9 NOES -0
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
CHAIRPERSON
NO. 91
APPOINTMENT
ASST. AUDITOR (INTER) (COMPT) (ITEM NO. 12 -JULY 12, 2005)
That Communication 12, July 12, 2005 be received and filed and the temporary appointment of Joanne Milioto stated
above at the intermediate starting salary of $33,715 effective on June 27, 2005 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 92
APPOINTMENT
APPT. BRIDGE OPERATING ENGINEER (MAX) (PW) (ITEM NO. 22 -JULY 12, 2005)
That Communication 22, July 12, 2005 be received and filed and the permanent appointment of Randall Filippone stated
above at the maximum starting salary of $31,170 effective on June 13, 2005 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 93
APPOINTMENT
APPTS. BRIDGE OPERATING ENGINEERS (INTER) (PW) (ITEM NO. 23 -JULY 12, 2005)
That Communication 23, July 12, 2005 be received and filed and the permanent appointments of Christopher Evans and
Daniel Maloney stated above at the intermediate starting salary of $29,401 effective on June 13, 2005 is hereby
approved.
PASSED
AYES - 9 NOES -0
NO. 94
APPOINTMENT
APPT. SUPV. OF STREET SANITATION I (PW) (ITEM NO. 24 -JULY 12, 2005
That Communication 24, July 12, 2005 be received and filed and the provisional appointment of Alan Majewski stated
above at the intermediate starting salary of $31,132 effective on July 1, 2005 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 95
NOTICES OF APPOINTMENTS TEMP, PROV, PERM(C /CLK)
# 47, 7/12
That the above item be the same and is hereby received and filed.
ADOPTED
FINANCE
BRIAN C DAVIS CHAIRMAN
NO. 96
REQUEST FOR PROPOSALS FOR PARKING MANAGEMENT SERVICES (ITEM NO. 8, C.C.P., JUNE 14, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the Chairman of the Board of Parking be, and he hereby is authorized to accept the proposals of the Buffalo Civic
Auto Ramps Inc. for the downtown parking system, subject to successful contract negotiations be completed.
Mr. Davis made a motion to recommitt said item seconded by Mr. Golombek
AYES — DAVIS, FONTANA, GOLOMBEK, THOMPSON — 4 NOES — BONIFACIO, CONRAD, COPPOLA, FRANCZYK,
RUSSELL — 5
LOST
Mr. Coppola made a motion to approve said item seconded by Mr. Bonifacio
PASSED
AYES — BONIFACIO, CONRAD, COPPOOLA, FONTANA, FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON - 8
NOES — DAVIS - 1
NO. 97
AUDIT - ANIMAL SHELTER (COMPT) (#4,7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 98
ANIMAL SHELTER - RESPONSE TO AUDIT (PW)
( #15, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 99
PURCHASE VEHICLES ACCORDING TO ADOPTED BUDGET
(ITEM NO. 25, C.C.P., JULY 12, 2005)
That the Commissioner of Police be, and he hereby is authorized to purchase 45 marked police cruisers - Crown
Victoria's, 6 unmarked Crown Victoria's, 3 marked SUV's, 1 44 tow truck pursuant to the adopted 2005/2006 fiscal year
budget.
PASSED
AYES - 9 NOES -0
NO. 100
DRUG ASSET FORFEITURE CHECKS RECEIVED ($30,815.48) (POL)
( #30, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 101
REQ. FOR COMMENTS /REC.- D.FOLEY -WNY COMPUTING SYSTEMS -POL. DEPT. RFP (POL)
( #28, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 102
D.FOLEY -WNY COMPUTING SYSTEMS - INFO. -POL. DEPT. RFP INFO. TECH. NETWORK SUPPORT,
ETC. (A &F)
(#40, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 103
RESULTS OF BIDS - WEBSTER BLOCK - 75 MAIN STREET, AUD LOTS 1, 2 & 3
(ITEM NO. 3, C.C.P., MAY 31, 2005)
(ITEM NO. 91, C.C.P., JUNE 28, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the Chairman of the Board of Parking be, and he hereby is authorized to award new three (3) year leases, to the
highest responsible bidders with annual rentals as follows:
Webster Block - 75 Main Street
Allright NY Parking Inc. d /b /a Central Parking Systems
Proposal No. 1 - $303,241
($2,700 nightly credit no NHL game)
Proposal No. 2 - $192,541
(No NHL season)
Aud Lots 1, 2 and 3
Proposal No. 1 - $35,000
($537 nightly credit no NHL game)
Proposal No. 2 - $13,000
(No NHL season)
Allright NY Parking Inc. d /b /a Central Parking Systems
PASSED
AYES - 9 NOES -0
NO. 104
BERC PENSION PLAN
( #123, 5/22)
That the above item be and the same hereby is referred to the Committee on Community Development.
ADOPTED
NO. 105
B. DAVIS -F. BELLIOTI -REQ. BERC PENSION INFO /LOAN ALLOCATION STATUS
( #64, 5/17)
That the above item be and the same hereby is referred to the Committee on Community Development.
ADOPTED
NO. 106
DISBANDING BMHA HOUSING AUTHORITY TASK FORCE (2 RESOLVE)
( #96, 4/5)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 107
BAILEY AMHERST SPEC. ASSESS. CHGE. LEG. COMM. MTG. 6/21/05 (ASSESS /TAX)
( #18, 6/28)
That the above item be and the same hereby is referred to the Committee on Legislation.
ADOPTED
NO. 108
D. FOLEY, WNY COMPUTING SYSTEMS - INFO.- POLICE DEPT. RFP -INFO TECH. NETWORK SUPPORT, ETC.
( #63, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 109
DOOR -TO -DOOR RECYCLING DRIVE
(ITEM NO. 108, C.C.P., FEB. 22, 2005)
That the City Clerk in conjunction with the Commissioner of Public Works and all relevant parties develop a recycling
campaign which will be conducted door -to -door this year, with the goal of reaching the New York State recycling goals
and beyond.
ADOPTED
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 110
K. KINAN, PETITION TO USE 667 TIFFT FOR AN OFFICE & PLANT ADDITION
(ITEM NO. 59, C.C.P., JULY 12, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That after the public heating before the Committee on Legislation on July 19, 2005, the petition of K. Kinan, agent, for
permission to use
667 Tifft Street for an office and plant addition be, and hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 111
R. L. CHAINANI, PETITION TO USE 1028 ELMWOOD AVENUE - TAKE -OUT RESTAURANT
(ITEM NO. 60, C.C.P., JULY 12, 2005)
That after the public hearing before the Committee on Legislation on
July 19, 2005, the petition of R. L. Chainani, owner, for permission to use 1028 Elmwood Avenue for a take -out restaurant
be, and hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 112
PAUL LAMPARELLI, PETITION TO USE 2130 DELAWARE AVENUE - DRIVE THRU WINDOW /DRIVEWAY
(ITEM NO. 61, C.C.P., JULY 12, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That the petition of Paul Lamparelli, agent, for permission to use 2130 Delaware Avenue for a drive thru window /driveway
be, and hereby is approved
PASSED
AYES - 9 NOES -0
NO. 113
ABANDON MENTZSALE- WILLET STREET (PW) (LOVEJOY)
(#14,7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 114
CREATE POLICE QUALITY OF LIFE SQUAD (POL)
( #26, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 115
DCJS COMPUTER LINK FOR REGISTERED SEX OFFENDERS (POL)
( #27, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 116
FOOD STORE LICENSE - 1326 EAST FERRY
(ITEM NO. 33, C.C.P., JULY 12, 2005)
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby
is authorized to grant a Food Store License to Hakeem Musaid, located at 1326 E. Ferry.
PASSED
AYES - 9 NOES -0
NO. 117
B. DAVIS -REQ. FOR TREE REMOVAL AT 538 MADISON ST.
( #51, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 118
B. DAVIS - TRAFFIC CONCERNS AT COTTAGE STREET /HUDSON ST. /PLYMOUTH AVE. INTERSECTIONS
( #52, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 119
A. HARDING, TIME WARNER CABLE -FCC FORM 394
( #54, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 120
A. SEDITA -PARK INFORMATION ( #57 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 121
USED CAR DEALER LICENSE - 867 -883 JEFFERSON
(ITEM NO. 44, C.C.P., JUNE 28, 2005) (ITEM NO. 79, C.C.P., JULY 12, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 122
K. BRINKWORTH, PETITION TO USE 223 ALLEN STREET - OUTDOOR PATIO
(ITEM NO. 77, C.C.P., MAY 17, 2005) (ITEM NO. 81, C.C.P., JULY 12, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 123
K. BRINKWORTH, USE 223 ALLEN STREET - OUTDOOR PATIO (CITY PLANNING)
(ITEM NO. 5, C.C.P., JUNE 14, 2005) (ITEM NO. 82, C.C.P., JULY 12, 2005)
Mr. Fontana moved that the above item be recommitted to the Committee on
Legislation
ADOPTED
NO. 124
TRAILBLAZER SIGNS "JERRY F. DANIELS SR., WAY" (ITEM NO. 117, C.C.P., JULY 12, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs on
Pole #407 on Carlton Street at Jefferson Avenue proclaiming that portion as "Jerry F. Daniels Sr., Way."
PASSED
AYES - 9 NOES -0
NO. 125
ORDINANCE AMENDMENT- CHAPTER 137 -CODE ENFORCEMENT (NOISE VIOLATION)
(ITEM NO. 119, C.C.P., JULY 12, 2005)
That after the public hearing before the Committee on Legislation on July 19, 2005, the Ordinance Amendment as
contained in Item No. 119, C.C.P., July 12, 2005, be and the same hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 126
ORDINANCE AMENDMENT- CHAPTER 137 - CODE ENFORCEMENT (DEPOSITS ON STREETS)
(ITEM NO. 120, C.C.P., JULY 12, 2005)
That alter the public heating before the Committee on Legislation on July 19, 2005, the Ordinance Amendment as
contained in Item No. 120, C.C.P., July 12, 2005, be and the same hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 127
SUPPORT FOR JUDGE NOWAK & HOUSING COURT LIAISON VOLUNTEERS (4 RES ONLY)
( #122, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 128
REQ. FOR A BUFFALO POLICE BMHA TASK FORCE
( #123, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 129
REQ. FOR ASSISTANCE IN CREATING A BUFFALO COMMUNITY ENRICHMENT FUND (ASSESS)
( #21, 3/8)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 130
REQ. FOR ASSISTANCE IN CREATING A BUFFALO COMMUNITY ENRICHMENT FUND (3 RES)
( #142, 2/8)
That the above item be and the same hereby is received and filed. ,
ADOPTED
NO. 131
BUFFALO COMMUNITY ENRICHMENT FUND (PW)
( #24, 2/22)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 132
CREATION OF A BUFFALO COMMUNITY ENRICHMENT FUND (CC)
( #34, 2/22
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 133
COB TAX FORECLOSURE AUCTION
( #163, 9/7)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 134
COB TAX FORECLOSURE AUCTION (ASSESS /TAX)
( #14, 9/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 135
TAX FORECLOSURE AUCTION (CC)
( #32, 11/16)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 136
A. THOMPSON -FAIR HOUSING PROPOSED ORDINANCE
( #69, 4/19)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 137
CREATE POLICE QUALITY OF LIFE SQUAD (EXC. 1 RES) (HRG. 7/12)
( #150, 6/28)
That the above item be and the same hereby is received and filed.
Mr. Fontana moved that the above item recommitted to the Committee on Legislation
ADOPTED
NO. 138
HIKE FINES FOR "QUALITY OF LIFE" VIOLATIONS
( #151, 6/28
That the above item be and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 139
WATERFRONT URBAN RENEWAL PLAN AMENDMENT - VARIOUS PARCELS "AREA B"
( #114 - 7/12/04) (HRG. 7/26)
Mr. Golombek moved:
That the above item be returned to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item,
and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Coppola, seconded by Mr. Davis, the item is properly before the Common Council, and the
hearing is opened.
Bill Grillo, Strategic Planning; Richard Fontana, Councilmember; Timothy Wanamaker, Director of Strategic Planning;
Brian Davis, Councilmember; Richard Stanton, Legal Counsel, BURA; A. Thompson, Councilmember; Sandra Nasca,
Strategic Planning, P. McNichol & Chris Hawley, New Millenium Group.
CARRIED.
Mr. Golombek moved:
That this Common Council of the City of Buffalo accept the Buffalo Urban Renewal Agency's SEQR negative declaration
and find that this area is substandard and has not been the interest of any redevelopers, and that this amendment will
allow for the redevelopment of parcels 18A, 20 and 24 of the plan disposition map with the new land use designation of
commercial, and that this amendment will change the plan text to allow for building heights to no greater than 140, and will
allow for a multi -floor parking structure on parcel 18A and 20 and a surface parking lot on parcel 20A and further provides
the City Planning Board discretion regarding area requirements and setbacks for the above referenced parcels.
Mr. Coppola now moved approval of said item.
Seconded by Mr. Golombek
PASSED.
AYES -9. NOES -0.
NO. 140
LOCAL WATERFRONT REVITALIZATION PROGRAM DRAFT LWRP (PLAN BD) (HRG. 7/26)
(CCP# 5- 5/31/05)
That the above item be and the same is returned to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Coppola, seconded by Mr. Golombek, the item is properly before the Common Council, and the
hearing is opened.
Appearances -T. Wanamaker, Director of Strategic Planning; J. Golombek, Councilmember; Wendy Savare
Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Golombek
CARRIED.
Mr. Golombek moved:
That the above - mentioned item be and the same is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 141
J. GOLOMBEK- REPORT /REC. OF WNY COALITION FOR PROGRESS -PROP. BASS PRO /MEM AUDITORIUM
REHAB.PROJECT
( #53, 7/12
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 142
LIST OF BANKS PER BUDGET HEARING ON 5/3/05 ( #17,6/14)(COMPT)
( #87, 6/28
That the above item be and the same hereby is referred to the Committee on Budget.
ADOPTED.
NO. 143
RESULTS OF NEGOTIATIONS - 400 BRECKENRIDGE
(ITEM NO.11, C.C.P., JUNE 14, 2005)
That the offer from Attorney Cheryl -Lane J. Bechakas, representing Mrs. Peggy Zoll, Power of Attorney for Mr.
Sean P. Zoll, residing at 402 Breckenridge, in the sum of one thousand and five hundred dollars ($1,500.00) for the
purchase of 400 Breckenridge, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was
submitted.
PASSED.
AYES -9. NOES -0.
NO. 144
WATERFRONT URBAN RENEWAL PLAN AMENDMENT - PARCELS 18A, 20 & 24
(ITEM NO. 10, C.C.P., JUNE 28, 2005)
That the duly members of the City Planning Board of and for the City of Buffalo, do hereby report to the
Common Council and certify their unqualified approval of the Waterfront urban Renewal Plan amendment, and that we
hereby recommend that the plan amendment be approved and adopted by your Honorable Body; and
That the Common Council be informed that pursuant to Section 5, Article 15 of the General Municipal Law, that
the office preparing an Urban Renewal Plan amendment must submit the proposed plan to the City Planning Board for a
recommendation to be submitted to the Common Council, after which the Council is to hold a public hearing on the
subject not earlier than four (4) weeks after the Planning Board recommendation.
PASSED.
AYES -9. NOES -0.
NO. 145
ESTABLISH A LAND TRUST COMMITTEE
(ITEM NO. 136, C.C.P., JUNE 14, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That this resolution be sent to the Corporation Counsel and the Department of Strategic Planning so that they
may file an opinion pertaining to establishing a Land Trust Committee in the City of Buffalo.
ADOPTED.
RESOLUTIONS
NO. 146
By: Mr. Bonifacio
IMPLEMENTATION OF A PERMIT PROCESS FOR MAXIMUM NUMBER OF DOGS
Whereas: The City of Buffalo has recently established a policy that states no owner, lessee, or occupant shall be
permitted to keep more than three (3) dogs in any (210) single - family, (220) two - family, or (230) three - family residential
dwelling; and
Whereas: This policy also states that no owner, lessee, or occupant shall be permitted to keep more than one (1) dog in
each unit of a multiple - family dwelling (280); and
Whereas: The idea behind this new policy was to provide for the well -being of dogs and maintain the safety of City
neighborhoods, this new policy did not take into account those City residents whom already had more than the newly
defined maximum number of dogs allowable or those City residents who seek to care for more than the maximum number
of dogs; and
Whereas: It seems appropriate that the City of Buffalo should provide an opportunity for those individuals who wish to
care for more than the maximum number of dogs; and
Whereas: It also seems appropriate that the best method to accomplish this would be for those who seek to care for more
than the maximum number of dogs to undergo a screening process and apply for a special permit; and
Now, Therefore Be It Further Resolved :
That the Common Council hereby requests the Corporation Counsel in conjunction with the Department Permits &
Inspections, to research and develop an ordinance amendment and /or an appropriate policy that will address these issues
and report back to the Common Council as to their findings; and
Be It further Resolved:
That this item be referred to the Committee on Legislation for further discussion at a special meeting with representatives
of the Corporation Counsel's office, the Department of Permits & Inspections, the City Clerk, and any other interested
party to conduct a comprehensive review of the implementation of a screening and permit process.
ADOPT 1 ST RESOLVE; 2 "D RESOLVE - REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION
COUNSEL, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, COMMISSIONER OF
PERMITS /INSPECTIONS COMMISSIONER OF POLICE AND CITY CLERK.
NO. 147
By: Mr. Bonifacio
GRANT PERMISSION TO HANG BANNER ON GRANT STREET BY THE BERC
Whereas: The Buffalo Economic Renaissance Corporation (BERC) will begin construction on Grant Street via the
Commercial Area Revitalization Program on Monday August 29, 2005; and
Whereas: The BERC has requested permission to hang a banner on Grant Street to promote and notify Grant Street
business of this project; and
Whereas: The BERC has been in contact with the City of Buffalo's Department of Public Works and is aware of the
requirements for hanging a banner within the City of Buffalo; and
Now Therefore It Be Resolved:
That the City of Buffalo hereby permits the Buffalo Economic Renaissance Corporation to hang banners on Grant Street
beginning August 22, 2005 in accordance with all conditions, restrictions, and requirements as set forth by the City of
Buffalo and the Department of Public Works, Parks and Streets.
PASSED.
AYES -9. NOES -0.
NO. 148
BY: MR. BONIFACIO
REQUEST DOG CONTROL OFFICERS BECOME PEACE OFFICERS
Whereas: Currently illustrated in their job specifications, and by the Charter of the City of Buffalo, certain limitations are
placed on Dog Control Officers that drastically reduce their abilities to perform all of the necessary work associated with
carrying out their duties; and
Whereas: Many other municipalities have avoided these limitations and /or corrected these deficiencies by placing Dog
Control Officers under the auspices of their Police Department(s) as Peace Officers; and
Whereas: A similar policy which would increase assistance to Dog Control Officers with the enforcement of the dog
control laws of New York State and the local laws adopted pursuant thereto would make sense in the City of Buffalo ; and
Whereas: The City of Buffalo seeks to help Dog Control officers better enforce the dog control laws of the State of New
York and the local laws of the City, it seems appropriate that the City should require Dog Control Officers to undergo
Peace Officer training due to the aforementioned reasons; and
Now Therefore Be It Resolved:
That the Common Council hereby requests a legal opinion from the Corporation Counsel as to whether it would be in the
City of Buffalo's best interest to have Dog Control Officers become Peace Officers; and
Be It Further Resolved:
That this item be referred to the Committee on Legislation for further discussion at a special meeting with representatives
of the Corporation Counsel's office, the Department of Public Works, Parks, and Streets, the Buffalo Police Department,
the City Clerk, and any other interested party to conduct a comprehensive review.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF PUBLIC
WORKS, PARKS AND STREETS, COMMISSIONER OF POLICE AND CITY CLERK.
NO. 149
By: Mr. Conrad
GRANT PERMISSION TO HANG BANNER ON SENECA ST. BY THE BERC
The Buffalo Economic Renaissance Corporation (BERC) will be beginning construction on Seneca St. via the CARE
program on Wednesday July 27th; and
They have requested permission to hang a banner within the City of Buffalo to promote and notify Seneca St. businesses
of this project; and
The BERC has contacted the City of Buffalo Public Works Department and is aware of the requirements for hanging a
banner within the City of Buffalo,
Now, Therefore Be It Resolved:
This Common Council supports the BERC in its endeavor, subject to the conditions set forth by the Department of Public
Works, grants them permission to hang a banner across Seneca St.
PASSED.
AYES -9. NOES -0.
NO. 150
By: Mr. Coppola
ORDINANCE AMENDMENT
CHAPTER 30 -11, LIGHTING AND POWER SERVICE [DRAFT]
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 30 -11 of the Code of the City of Buffalo be amended to read as follows:
30 -11, Lighting and Power Service
The commissioner of public works, parks and streets shall award and enter into all contracts, but for a period
not exceeding five years, for lighting the streets, alleys, parks, park approaches, public grounds and buildings of the city
and for furnishing electric power to the city, and no advertisement for bids for such service shall be necessary, but the
award of any such contract shall be subject to review as provided in section 1 -027 of this act.
Starting in the year 2005 and at a minimum every five years thereafter, the commissioner of public works, parks and
streets shall hire an energy consultant(s) to perform an evaluation and make recommendations regarding potential energy
savings and cost savings in City buildings, traffic signals, and street lights. The commissioner shall also have a
consultant(s) to conduct an audit of utility and communication expenditures by the City to ensure that the City is being
billed properly. The consultant(s) shall issue a report indicating billing errors if any and recommendations for cost savings
measures that can be taken
by the City.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL AND COMMISSIONER OF PUBLIC
WORKS, PARKS AND STREETS.
NO. 151
By: Mr. Coppola
SIGN AND STOREFRONT IMPROVEMENT PROGRAMS
Whereas: Since 2001, the Buffalo Economic Renaissance Corporation (BERC) has administered sign and storefront
improvement programs, funded through the City of Buffalo's Community Development Block Grant program, for various
members of the Common Council in their respective districts; and
Whereas: These sign and storefront programs are highly successful and provide incentive for further investment by
business owners in the City of Buffalo's neighborhood business districts; and
Whereas: In the Delaware District, 35 facades were improved with $71,327 in matching grants, which leveraged $155,936
in private investment, and similar results were achieved with the matching grant fund in the South District and full grant
funds in the University, Ellicott, and Masten Districts; and
Whereas: Hertel Avenue in the Delaware District benefited enormously from the sign and storefront program by providing
restaurants such as Cafe Allegro, North End Trattoria, and Romeo and Juliet's with matching funds to create their
delightful patios with new awnings. Wrought iron enclosures, and lighting; and
Whereas: The patios have created an ambiance unmatched anywhere else in the city and have added to the unique art
deco atmosphere that began with City's recent infrastructure improvements, creating a truly inviting and walkable
business district; and
Whereas: The BERC has ended the successful neighborhood sign and storefront programs and is focusing on only six
areas of the city with a highly targeted program called CARE; and
Whereas: Without the individual sign and storefront programs, new businesses moving into a business district will not
receive assistance for proper or appropriate new signage and awnings, new fascade lighting, security lighting, or
necessary repairs; and
Whereas: This Common Council believes that micro enterprise and small business development is crucial to the City of
Buffalo's neighborhood business districts; and
Whereas: The City of Buffalo and BERC should continue to assist micro enterprise and small business owners locating
their businesses in our neighborhood business districts by providing them such incentives as the sign and storefront
improvement program.
Now There For Be It Resolved:
That this Common Council requests the BERC and the City of Buffalo to re- establish and continue to fund sign and
storefront improvement programs in all Council Districts within the City of Buffalo; and
Be It Further Resolved:
That copies of the resolution be sent to the Mayor of the City of Buffalo and the Executive Director of the Office of
Strategic Planning; and
Be It Finally Resolved:
That this item be sent to the Committee of Community Development for future discussion.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, DIRECTOR OF STRATEGIC PLANNING AND
MAYOR.
NO. 152
By: Mr. Coppola
ORDINANCE AMENDMENT CHAPTER 175, FEES
The Common Council of the City of Buffalo does hereby ordain as follows: That the Code of the City of Buffalo be
amended to read as follows:
§216 -15, collection and disposal charges
Refuse material [of a combustible nature] acceptable to the Commissioner of Public Works and Streets, as described in
Chapter 216, generated in the City, disposed at City disposal [plant] site
Person residing in or doing business in City (except licensed solid waste collectors or contractors)
No charge for first ton per year. For anything over one ton per year, the charge will be $40.50 per ton, plus fuel adjustment
charge as per City of Buffalo disposal contract
[500 pounds or less $2.52, plus
Each additional 500 pounds or part thereof contained in load $1.26
Licensed solid waste collectors, per ton computed monthly tonnage delivered $13.86]
Non - residents of the City of Buffalo, or those not doing business in the City of Buffalo: $43.50 per ton, plus fuel adjustment
charges as per City of Buffalo disposal contract.
Any county, village, town or city charges as follows:
Under contract with Modern Landfill: $1.50 per ton
Not under contract with Modern Landfill: as negotiated with Commissioner of Public Works and Streets.
It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the
foregoing ordinance is necessary.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
PASSED.
AYES -9. NOES -0.
NO. 153
BY: MR. COPPOLA
BUFFALO MUNICIPAL WATER AUTHORITY
REQUEST FOR AMENDMENT TO FINANCING AGREEMENT
The Buffalo Municipal Water Authority has requested the Common Council to approve an amendment to the Financing
Agreement between the Buffalo Municipal Water Authority, the City of Buffalo and the Buffalo Water Board; and New York
State Public Authorities Law §1048 -i requires the Common Council to conduct a public hearing prior to the approval of any
amendment to the Financing Agreement;
Now Therefore Be It Resolved:
That the City Clerk schedule a public hearing at the next Common Council meeting of September 6, 2005 at 2:00 P.M.
Be It Finally Resolved:
That said public hearing shall be published at least 30 days prior to September 6, 2005.
ADOPTED.
NO. 154
By: Mr. Davis
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM 2005
That pursuant to §20 -28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the Capital Program for the fiscal year 2005 b and the same is hereby amended by adding the following item
under the heading:
Capital Projects - Permits & Inspections Demolition of Privately owned structures $4,000,000
PASSED.
AYES -9. NOES -0.
NO. 155
By: Mr. Davis
TRANSFER OF FUNDS
RESERVE FOR PLANNING CAPITAL PROJECTS
CAPITAL PROJECTS
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 $325,000 be and the same is hereby transferred from Planning for Capital Projects account and said
sum is hereby reappropriated as set forth below:
From: 30000106 445100 Planning for Capital Projects $326,000
To: 31500006 -445500 Peace Bridge area interim improvements $126,000
(acct to be established) Bailey Ave. Bridges over Cazenovia Creek /Bflo River $75,000
31655806- 445500 Continuing GIS Development $50,000
(acct to be established) Cars on Main Street $75,000
Total $325,000
PASSED.
AYES -9. NOES -0.
The Honorable Common Council
1308 City Hall
Buffalo, New York 14202
Dear Councilmembers:
Attached hereto is a resolution for the City of Buffalo's National Incident Management System (NIMS) Plan which is
required by the Homeland Security Presidential Declaration (HSPD -5).
NIMS is the nation's first - ever - standardized approach to incident management and response. NIMS will unify Federal,
State, territorial, tribal and local lines of government into one coordinated effort. This integrated system is intended to
make America safer by establishing a uniform set of processes, protocols and procedures for all emergency responders,
at every level of government. This system ensures that those involved in emergency response operations understand
what their roles will be and have the tools they need.
The NIMS system will encompass much more than the Incident Command System (ICS), although ICS is a critical
component of the NIMS. It also provides a common foundation for training and other preparedness efforts, communicating
and sharing information with other responders and with the public, ordering resources to assist with a response effort, and
for integrating new technologies and standards to support incident management. For the first time, all of the nation's
emergency responders will use a common language, and a common set of procedures when working individually and
together.
I am respectfully requesting that the Council formally adopt the corresponding resolution no later than September 30,
2005. The minimum FY 2005 compliance requirement described above must be met in order to receive FY 2006
preparedness funding.
Sincerely,
Anthony M, Masiello, Mayor
NO. 166
BY: RICHARD A. FONTANA
EXECUTIVE ORDER
DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT
MANAGEMENT IN
THE CITY OF BUFFALO
WHEREAS, the President in Homeland Security Directive (HSPD) -5, directed the Secretary of the
Department of Homeland Security to develop and administer a National Incident Management System which
would provide a consistent nationwide approach for Federal, State, local and tribal governments to work
together more effectively and efficiently to prepare for, prevent, respond to, and recover from domestic
incidents, regardless of cause, size, or complexity;
WHEREAS, the collective input and guidance from all Federal, State, local, and tribal homeland security partners has
been, and will continue to be, vital to the effective implementation and utilization of a comprehensive NIMS;
WHEREAS, it is necessary and desirable that all Federal, State, local, and tribal emergency agencies and personnel
coordinate their efforts to effectively and efficiently provide the highest levels of incident management;
WHEREAS, HSPD -5 requires Federal departments and agencies to make adoption of the NIMS by State, tribal, and local
organizations a condition for Federal preparedness assistance beginning in fiscal year 2005;
WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and
tribal organization utilize standardized terminology, standardized organizational structures, interoperable communications,
consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for
planning, training, and exercising, comprehensive resource management, and designation incident facilities during
emergencies or disasters;
WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will
improve the State's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder
safety, and streamline incident management processes;
WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident
management activities throughout the State, including current emergency management training programs; and
WHEREAS, the National Commission of Terrorist Attacks (9 -11 Commission) recommended adoption of a standardized
Incident Command System;
NOW THEREFORE BE IT RESOLVED that the Common Council of the City of Buffalo designate the National Incident
Management System as the basis for all incident management in the City of Buffalo.
PASSED
AYES - 9 NOES -0
NO. 167
BY MR. FONTANA
RE: ORDINANCE AMENDMENT CHAPTER 176, FEES
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to read as follows:
When A Permit Is Required:
GENERAL CONSTRUCTION
Building Permit fees are divided into two categories - flat fee or area - calculated fee; find the work description in either the
FLAT FEE SCHEDULE or the AREA - CALCULATED FEE SCHEDULE, below.
FLAT FEE SCHEDULE
Application fee of - $25.00 plus
Permit fee from following list:
1. For a new Masonry chimney to 1- or 2- family dwelling- $25.00
2. For roof Renovation (re -roof or tear -off and roof any portion [or any roof]) to 1- or 2- family dwelling - $25.00
3. For roof Renovation of porches and garages (re -roof or tear -off and roof) to a 1 -, 2 -, or 3- family dwelling - $10.00
[3] -4. For Renovation of the building[envelopeel siding, cladding, etc. (except roof, windows, and doors) to 1- or 2- family
dwelling -
$25.00
[4]5. For Alteration of windows and doors, where existing openings are enlarged or new openings are created,
or openings are decreased more than 5% to a 1- or 2- family dwelling - $10.00
[5] -6. For construction of new 1 story porches or decks to 1- or 2- family dwelling -7. For enclosing a 1 story porch to 1- or
2- family dwelling -
$10.00 $50.00 $25.00
[6]8. For Renovation involving structural elements of 1 story porches or decks to 1- or 2- family dwelling - $10.00
[719. For complete Renovation of a kitchen or bathroom, no plumbing configuration changes in a 1- or 2- family
dwelling - $25.00
[8110. For complete Renovation of both a kitchen and a bathroom, no plumbing configuration changes in a 1- or 2- family
dwelling - $50.00
[9111. For a new bathroom or complete Renovation involving configuration or systems changes (Alterations) in a 1- or 2-
family dwelling - $75.00
[10112. For a new kitchen or complete Renovation involving configuration or systems changes (Alterations) in a 1- or 2-
family dwelling - $75.00
[11113. For Renovation (except kitchens and bathrooms) affecting [up to]over thirty -three (33 %) percent of the SF of the
habitable space of a 1- or 2- family dwelling - $25.00
[12114. For Renovation (except kitchens and bathrooms) affecting up to sixty -six (66 %) percent of the SF of the habitable
space of a 1- or 2- family dwelling - $50.00
[13115. For Renovation (except kitchens and bathrooms) affecting all of the SF of the habitable space of a 1- or 2-
family dwelling - $75.00
16. For smoke and water damage Repairs to a 1- or 2- family dwelling - $10.00
17. For fire Repairs no structural work to a 1- or 2- family dwelling - $25.00
18. For fire Repairs including in -kind structural work to a 1- or 2- family dwelling - $50.00
19. For fire Repairs including structural Alterations to a 1- or 2- family dwelling - $50.00
20. For foundation wall / footing Repairs in -kind to a 1- or 2- family dwelling - $25.00
21. For foundation wall / footing Renovations to a 1- or 2- family dwelling - $50.00
22. For foundation wall / footing work including Alterations to a 1- or 2- family dwelling - $75.00
23 For second -story dormers to a 1- or 2- family dwelling - $75.00
24. For change of use, alter / reduce from 2- family to 1- family in a dwelling - $25.00
25. For change of use, alter from 1- family to 2- family in a dwelling - $25.00
26. For change of use, add or remove incidental home occupancy to a I -or 2- family dwelling - $25.00
[14127. For erection of a 1 story detached accessory garage [ shed over 144 SF to 1- or 2- family dwelling - $50.00
28. For new driveway or driveway extension to a 1 Or 2 family dwelling $25.00
29. For parking pad to front yard or side street side yard of a 1- or 2 family dwelling $25.00
[15130. For aboveground or on- ground pools, and fixed -in -place wading pools, any of which is over 2 feet deep - $25.00
[16131. For in- ground pools over 2 feet deep - $100.00
[17132. For ponds over 2 feet deep - $50.00
[18133. For hot tubs and non - portable spas, each of which is over 2 feet deep - $10.00
[19134. For a fence (replacement of more than a gate or one span (section) between existing posts) - $10.00
[20]35. For Repair or Renovation of roofing at an existing commercial building or structure:
1 - 50,000 SF $50.00
50,001 - 100,000 SF $100.00
100,001 - 200,000 SF $150.00
200,001 SF or greater $200.00
[21136. For Renovation of exterior walls, siding or cladding at an existing commercial building or structure:
1 - 50,000 SF $50.00
50,001 - 100,000 SF $100.00
100,001 - 200,000 SF $150.00
200,001 SF or greater $200.00
[22]37. For Renovation of windows or doors at an existing commercial building or structure:
1 -30 $50.00
31 -75 $100.00
76 -150 $125.00
151 -300 $225.00
301 -600 $450.00
601 or more $900.00
38. For erection of a 1 sto- detached accessory[incidental[ use garage / shed under 144 SF at an existing commercial
building or structure - $50.00
[23]39. For new driveways at an existing commercial building or structure - $50.00
[24]40. For re- paving of existing driveways and parking lots at an existing Commercial Building [or] Structure, or Site -
$25.00
41. For parking pad to the front yard or side street side yard of a multiple dwelling - $25.00
[25]42. For Repair or Renovation of permanent porches or decks, of not more than 1 story at an existing commercial
building or structure - $25.00
[26]43. For new, permanent porches or decks, of not more than 1 story at an existing commercial building or structure -
$50.00
44. For smoke and water damage Repairs at an existing commercial building or structure - $50.00
45. For fire Repairs no structural work at an existing commercial building or structure - $75.00
46. For fire Repairs including in -kind structural work at an existing commercial building or structure - $100.00
47. For minor cosmetic Repair or Renovation not requiting plans at an existing commercial building or structure
$75.00[50.00]
48. For Repair or Renovation to existina fire suppression systems not reauirina plans at an existina commercial buildina or
structure - $50.00
49. For interior tear -out in preparation for renovations at an existing commercial building or structure -
1 SF - 10,000 SF $33.00
10,001 SF - 20,000 SF $43.25
20,001 SF - 40,000 SF $86.50
40,001 SF - 80,000 SF $173.00
80,001 SF - 160,000 SF $346.00
160,001 SF - 320,000 SF $692.00
[27]50. $25.00
[28151. $75.00
[29]52. $150.00
[30153. $75.00
[31154. $75.00
[32]55. For portable signs on the City right -of -way at an existing commercial building or structure - $75.00
[33]56. For portable signs on private property at an existing commercial building or structure - $25.00
[34]57. For projecting signs over the City tight -of -way at an existing commercial building or structure - $75.00
[35]58. For projecting signs over private property at an existing commercial building or structure - $75.00
[36]59. For roof signs at an existing commercial building or structure - $75.00
60. For replacement of sign faces only to existing signs at an existing commercial building or structure - $25.00
[37161. For wall signs at an existing commercial building or structure - $75.00
[38]62. For tank installations at an existing commercial building or structure - $150.00
[39]63. For tank removals - $50.00
[40]64. For telecommunications antenna and dish co- locations - $275.00
[41165. For new telecommunications antenna and dish locations - $275.00
[42]66. For new telecommunications tower - $775.00
[43]67. For any general construction site work (e.g. parking lots, site infrastructure, etc.):
1 - 5,000 SF
5,001 - 20,000 SF
20,001 - 100,000 SF
100,001 - 500,000 SF
500,001 - 1,000,000 SF
1,000,001 SF and over
68. For any general construction work where plans are required on the interior of an existing commercial building
For structure for which the work area is 2,000 square feet or less -$300.001[400.0011
69. For temporary_[accessoryl trailer use at a commercial or industrial site - $50.00
70. For change of use (alter use), no plans required in a commercial or industrial building - $50.00
71. For change of use, alter / reduce to a 1- or 2- family from inl a multiple dwelling - $50.00
72. For change of use, alter / reduce number of units, no plans required, in a multiple dwelling - $50.00
73. For change of use, convert commercial use to personal accessory storage for a dwelling in a building - $50.00
[44]74. For Change of Use to Christmas tree sales at a property for a single season in one (1) year - $25.00
All other work which is not subject to no -fee provisions has area - calculated permit fees derived from Area - Calculated Fee
Schedule A and Use Multiplier Schedule B, below.
Area - Calculated Building Permit fees consist of four charges - a charge associated with application (which is non-
refundable), a charge associated plan review (which is non - refundable), a charge associated with inspections, and a
charge associated with closeout. The first two charges are collected at application, and together make up the application
fee. The second two charges are collected at permit issuance, and together make up the permit fee.
Area - Calculated General Construction fees are derived as follows:
FOR WORK LIMITED TO BUILDINGS & STRUCTURES
Step 1 - Identify each use or occupancy on each floor, story, or mezzanine of the building or structure and calculate each
use's area in square footage. In mixed -use buildings and structures also identify and calculate the square footage of
Common Areas.
Common Areas are deemed to have the same use as that of the principal use on the floor, story, or mezzanine.
Step 2 - Total the sum of all similar uses and Common Area to arrive at Use Square Footages. Apply the amounts or
multipliers shown in the following Area - Calculated Fee Table, Schedule A, Buildings & Structure Section, in each of the
three listed categories (Application, Plan Review, Inspection & Certificate) to those Use Square Footages, to get a Base
Dollar Use Value for each use.
Step 3 - Total all the Base Dollar Use Values of same uses.
Step 4 - Apply the Area - Calculated Use Multiplier from Schedule B to each use total to calculate fees for each use,
including the Common Areas.
Step 5 - Total all Use Multiplier products to finalize the total general construction permit cost for Buildings & Structures.
FOR WORK LIMITED TO SITES
Step 1 - Identify and calculate the square footage of the exterior General Construction work area(s).
Step 2 - Total the sum of all the exterior General Construction work area(s).
Step 3 - Apply the amounts shown in the general construction site work table in the flat fee section above, to arrive at the
permit cost for general construction Site Work.
FOR WORK ON BOTH BUILDINGS & STRUCTURES AND SITES
Step 1 - Add the total general construction permit cost for Buildings & Structures and the general construction permit cost
for Site Work to arrive at the total general construction permit cost for the project.
AREA - CALCULATED FEE TABLE - Schedule A
For BUILDINGS & STRUCTURES
Permits General
Construction
Application
Fee (non- $50.00
Refundable)
Plus
Plan Review up to 10,000 SF
Non - refundable $50.00 or $0.04 x SF
whichever
is greater
+ 10,001 - 50,000 SF
$0.02 x SF
+ 50,001 - 100,000 SF
$0.015 x SF
+ 100,001 -and up
$0.01 x SF
Plus
Permit and $200.00
Inspection plus $0.04 x SF
AREA - CALCULATED USE MULTIPLIER - Schedule B
Occupancy /Use Class Occupancy /Use Multiplier
A -1, A -2, A -3, A -4, and A -5 Assembly 1.5
B Business 1
E Educational 1.5
F -1 and F -2 Factory /Industrial 1
H -1, H -2, H -3, H -4, and H -5 High Hazard 2.25
1 -1, 1 -2, and 1 -3 Institutional 1.75
M Mercantile 1
R -1 Transient - Boarding houses, hotels and
Motels 1.28
R -2 Permanent Apartment Houses, Boarding 1.28
Houses(Not Transient) Convents,
Dormitories, Fraternities and Sororities
Monasteries, Vacation timeshare properties
Hotels(Non- Transient), and Motels(Non-
Transient)
R -3 Permanent 1 and 2 family 0.5
R -4 Assisted Living 1.34
S Storage 0.7
U Utility and miscellaneous 0.85
Property records research and copying fees
1. Fees for copies not requiring research shall be calculated as follows:
Copies per page- $1.00
Certified Copies per page $2.00
2. Fees for certified copies of Certificates of Occupancy, Certificates of Compliance, Certificates of Inspection, Certificates
of Completion, or Conditional Certificates of Occupancy:
Copies not requiring research - $25.00
Copies requiring research - $50.00
3. Fees for copies of a License issued by the Department of Permit and Inspection Services:
Copy of License $1.00
Re -Issue Duplicate of Licenses $5.00
4. Fees for search and retrieval of a preceding property survey $15.00
[4]5. Fees for complete property permits records research and copying:
For any part of the first two (2) hours of property records research and /or annotation - $75.00, and
Per hour for every subsequent hour or part thereof - $37.50
Such fees shall cover making uncertified or certified copies of pertinent materials requested.
Certified copies will be provided upon request. (Exception: property surveys cannot be certified)
Express plan review:
For any part of the first two (2) hours of express plan review -Per hour for every subsequent hour or part thereof -
$200.00, and $100.00
Off -hours inspections:
For any part of the first two (2) hours of off -hours inspections -Per hour for every subsequent hour or part thereof -
$200.00, and $100.00
Excessive submissions of plans; re- review charge:
For any part of the first two (2) hours of re- review in the case of excessive plan submission -Per hour for every
subsequent hour or part thereof -
$600.00, and $300.00
DEMOLITION AND ASBESTOS
Asbestos Permit fees are divided into two categories - flat fee or area - calculated fee; find the work description in either the
FLAT FEE SCHEDULE or the AREA - CALCULATED FEE SCHEDULE, below.
Demolition Permit fees are divided into two categories - flat fee or area - calculated fee; find the work description in either
the FLAT FEE SCHEDULE or the AREA - CALCULATED FEE SCHEDULE, below.
FLAT FEE SCHEDULE
Application fee of - $25.00, plus
Permit fee from following list:
[1. For asbestos removal from a 1, 2, or 3 story 1- family dwelling by owner /occupant -
[2. For asbestos removal from a 1, 2, or 3 story 2 -, 3 -, or 4- family dwelling by licensed asbestos contractor - $200.00]
[3] 1. (a) For asbestos removal from all buildings and structures [(except 1 -, 2 -, 3 -, or 4- family dwellings)] by square foot of
asbestos removed:
1 SF- 159 SF 160 SF - 10,000 SF 10,001 SF - 20,000 SF 20,001 SF - 40,000 SF 40,001 SF - 80,000 SF 80,001 SF -
160,000 SF 160,001 SF - 320,000 SF and so forth...
$0.00 $66.00 $86.50 $173.00 $346.00 $692.00 $1,384.00
(b) For asbestos removal from all buildings and structures [(except i -, 2 -, 3 -, or 4- family dwellings)] by linear foot of
asbestos removed:
1 LF - 259 LF 0.00
[4]2. For demolition of up to a 1.5 story 1- .2 -,or3- family dwelling without basement or cellar by owner -
$300.00
[5]3. For demolition of up to a 3 story 1 -, 2 -, or 3- family dwelling by licensed demolition contractor - $300.00
[6]4. For demolition of structures accessory to all other uses, of not more than 1 story and not more than 1,500 square
feet - $50.00
[7]5. For city emergency demolition of a 1- or 2- family dwelling -
[8]6. For demolition of any commercial or industrial building or structure up to three stories in height and not more than
5,000 square feet in total area - $500.00
Administrative fee for demolitions performed by or on behalf of the City to benefit a property owner -
15% of the demolition cost ($25.00 application fee not required)
1. All other demolitions which are not subject to no -fee provisions have area - calculated permit fees derived from Fee
Schedule A, below.
Area - Calculated Demolition Permit fees consist of four charges - a charge associated with application (which is non-
refundable), a charge associated plan review (which is non - refundable), a charge associated with inspections, and a
charge associated with closeout. The first two charges are collected at application, and together make up the application
fee. The second two charges are collected at permit issuance, and together make up the permit fee.
Area - Calculated fees are derived as follows:
FOR DEMOLITION WORK ON BOTH BUILDINGS & STRUCTURES AND SITES
Step 1 - Identify the square foot area of each floor, story, or mezzanine of the building or structure, including basements
and cellars, and the square foot area of any site demolition work.
Step 2 - Total all the square foot areas to get the Total Square Foot Area for the buildings, structures and site.
Step 3 - Apply the amounts or multipliers shown in the following Area - Calculated Fee Table, Schedule A, Buildings &
Structures and Sites Section, in each of the three listed categories (Application, Plan Review, Inspection & Certificate) to
the Total Square Foot Area to arrive at the total demolition permit cost for the project.
AREA - CALCULATED FEE TABLE - Schedule A
For BUILDINGS & STRUCTURES AND SITES
Permits Demolitions
Application $50.00
Fee (non - Refundable)
Plus
Plan Review $0.00
(non - refundable)
Plus
Permit and $200.00
Inspection Plus
$0.[11108 x SF
FUEL DEVICES
Fuel Devices Permit fees are divided into two categories - flat fee or area - calculated fee; find the work description in either
the FLAT FEE SCHEDULE or the AREA - CALCULATED FEE SCHEDULE, below.
FLAT FEE SCHEDULE
Application fee of - $25.00 Plus
Permit fee from following list:
1. For in -kind replacement of fuel device to 1- or 2- family dwelling, per device - $25.00
2. For in -kind replacement of residential, commercial, or industrial fuel device, per device - $25.00
3. For installation of a fuel device used as part of or as an addition to, an existing commercial or industrial process, per
device- $25.00
4. For installation of a new fuel device in an existing residential, commercial, or industrial building, per device (when no
plans are required by the BCNYS)- $25.00
5. For fuel devices site work (e.g. heated paving, permanent radiant or other heaters, etc.) - $75.00
Notes:
1. All Heating, Ventilating, and Air Conditioning Flat Fee work is only work where no drawings or plans are required by the
Building Code of New York State. When drawings and /or plans are required, fees will be derived using the area - calculated
fee tables, employing the building occupancy /use class multiplier.
2. All other work which is not subject to no -fee provisions has area - calculated permit fees derived from Area - Calculated
Fee Schedule A and Use Multiplier Schedule B, below.
Area - Calculated Building Permit fees consist of four charges - a charge associated with application (which is non-
refundable), a charge associated plan review (which is non - refundable), a charge associated with inspections, and a
charge associated with closeout. The first two charges are collected at application, and together make up the application
fee. The second two charges are collected at permit issuance, and together make up the permit fee.
Area - Calculated Fuel Devices fees are derived as follows:
FOR WORK LIMITED TO BUILDINGS & STRUCTURES
Step 1 - Identify each use or occupancy on each floor, story, or mezzanine of the building or structure and calculate each
use's area in square footage. In mixed -use buildings and structures also identify and calculate the square footage of
Common Areas.
Common Areas are deemed to have the same use as that of the principal use on the floor, story, or mezzanine.
Step 2 - Total the sum of all similar uses and Common Area to arrive at Use Square Footages. Apply the amounts or
multipliers shown in the following Area - Calculated Fee Table, Schedule A, Buildings & Structure Section, in each of the
three listed categories (Application, Plan Review, Inspection & Certificate) to those Use Square Footages, to get a Base
Dollar Use Value for each use.
Step 3 - Total all the Base Dollar Use Values of same uses.
'Step 4 = Apply the Area - Calculated Use Multiplier from Schedule B to each use total to calculate fees for each use,
including the Common Areas.
Step 5 - Total all Use Multiplier products to finalize the total fuel devices permit cost for Buildings & Structures.
FOR WORK LIMITED TO SITES
Step 1 - Apply the Fuel Devices Site Work fiat fee amount from the Flat Fee Schedule, above.
FOR WORK ON BOTH BUILDINGS & STRUCTURES AND SITES
Step 1 - Add the total fuel devices permit cost for Buildings & Structures and the fuel devices permit cost for Site Work to
arrive at the total fuel devices permit cost for the project.
AREA - CALCULATED FEE TABLE - Schedule A
For BUILDINGS & STRUCTURES
Permits Fuel
Devices
Application $25.00
Fee (Non -
Refundable)
Plus
Plan Review $25.00 or
Non - refundable $0.0025 x SF
whichever is greater
Plus
Permit and
Inspection $50.00 or $0.02 x SF
whichever is greater
AREA - CALCULATED USE MULTIPLIER - Schedule
B
Occupancy /Use Class Occupancy /Use
Multiplier
A -1, A -2, A -3, A -4, and A -5 Assembly
1.5
B Business
1
E Educational
1.5
F -1 and F -2 Factory /Industrial
1
H -1, H -2, H -3, H -4, and H -5 High Hazard
2.25
1 -1, 1 -2, and 1 -3 Institutional
1.75
M Mercantile
1
R -1 Transient - Boarding houses, Hotels,
1.28
and Motels
R -2 Permanent - Apartment houses,
1.28
Boarding houses
(not transient), Convents, Dormitories,
Fraternities and Sororities, Monasteries,
Vacation timeshare properties, Hotels
(non- transient), and Motels (non- transient)
R -3 Permanent - 1 and 2 family
0.5
R -4 Assisted Living 1.34
S Storage 0.7
U Utility and Miscellaneous 0.85
Annual inspection for the
purpose of issuing an annual certificate of operation:
For inspecting any existing( or new), reconstructed, altered or added -to fuel- burning equipment or device:
The furnace volume of which does not exceed 25 cubic feet or equivalent or the BTU input per hour of which does not
exceed 1,500,000 for each unit - $25.00
The furnace volume of which is greater than 25 cubic feet but not in excess of 50 cubic feet or equivalent or the BTU input
per hour of which is greater than 1,500,000 but does not exceed 3,000,000, for each unit - $30.00
The furnace volume of which is greater than 50 cubic feet but not in excess of 100 cubic feet or equivalent or the BTU
input per hour of which is greater than 3,000,000 but is not in excess of 6,000,000, for each unit - $35.00
The furnace volume of which is greater than 100 cubic feet or equivalent or the BTU input per hour of which is greater
than 6,000,000, for each unit - $40.00 $25.00, plus
Inspection of incinerators, per incinerator $25.00
ELECTRICAL EIectrical Permit fees are divided into two categories - fiat fee or area - calculated fee; find the work
description in either the FLAT FEE SCHEDULE or the AREA - CALCULATED FEE SCHEDULE, below.
FLAT FEE SCHEDULE
Application fee of - $25.00 Plus
Permit fee from following list:
1. For any new electrical work at a one- family dwelling or at one (1) apartment of a two- family dwelling,
Including
Service
Lights /Recepticles
Equipment
Low Voltage applications $50.00
2. For any new electrical work at both apartments of a two - family residential dwelling, including:
Service $50.00
Lights /receptacles
Equipment
Low voltage applications $75.00
3. For Meter releases for residential, commercial or industrial, for first meter $50.00
4. For each additional meter $25.00
5. For new Kilowatt load added to existing Kilowatt load, existing installation. - Commercial - Industrial - Multiple Dwellings:
Fee to be determined by new additional - Kilowatt load. Service, lights /receptacles, equipment installed by individual
contractor /installer:
0 -5 KW $50.00 $75.00
6 KW $60.00
7 KW $70.00
8 KW $80.00 $50.00
9 KW $90.00
10 KW $100.00
20 KW $200.00 $25.00
30 KW $300.00
100 KW $1000.00
110 KW $1100.00
etc.
Note:
Fee to be rounded to the nearest KW based on $10.00 Per KW.
No maximum fees.
6. For Low Voltage applications for all systems installed by an individual contractor /installer:
Telephone
Data Cabling
Security
CCTV
Thermostats (new installations only)
Sound System
Intercom
Energy management systems
Per system - $[75]50.00
plus per termination for each system - $[5L.00
8. For electrical site work (e.g. lighting and control gates, etc.) not in conjunction with a building or structure project -
$75.00
Notes:
1.AII Electrical Flat Fee work is only work where no drawings or plans are required by the Building Code of New York
State. When drawings and /or plans are required fees will be derived using the area - calculated fee table, employing
the building occupancy /use class multiplier.
2. Flat fees are not applicable for new construction projects or where plans are required by the Building Code of New York
State, e.g. Fire Alarm Systems.
3.AII other installations which are not subject to no -fee provisions have area - calculated permit fees derived from Fee
Schedule A and Use Multiplier Schedule B.
Area - Calculated Building Permit fees consist of four charges - a charge associated with application (which is non-
refundable), a charge associated plan review (which is non - refundable), a charge associated with inspections, and a
charge associated with closeout. The first two charges are collected at application, and together make up the application
fee. The second two charges are collected at permit issuance, and together make up the permit fee.
Area - Calculated fees are derived as follows:
FOR WORK LIMITED TO BUILDINGS & STRUCTURES
Step 1 - Identify each use or occupancy on each floor, story, or mezzanine of the building or structure and calculate each
use's area in square footage. In mixed -use buildings and structures also identify and calculate the square footage of
Common Areas.
Common Areas are deemed to have the same use as that of the principal use on the floor, story, or mezzanine.
Step 2 - Total the sum of all similar uses and Common Area to arrive at Use Square Footages. Apply the amounts or
multipliers shown in the following Area - Calculated Fee Table, Schedule A, Buildings & Structure Section, in each of the
three listed categories (Application, Plan Review, Inspection & Certificate) to those Use Square Footages, to get a Base
Dollar Use Value for each use.
Step 3 - Total all the Base Dollar Use Values of same uses.
Step 4 - Apply the Area - Calculated Use Multiplier from Schedule B to each use total to calculate fees for each use,
including the Common Areas.
Step 5 - Total all Use Multiplier products to finalize the total electrical permit cost for Buildings & Structures. FOR WORK
LIMITED TO SITES
Step 1 - Apply the Electrical Site Work flat fee amount from the Flat Fee Schedule, above.
FOR WORK ON BOTH BUILDINGS & STRUCTURES AND SITES
Step 1 - Add the total electrical permit cost for Buildings & Structures and the electrical permit cost for Site Work to arrive
at the total electrical permit cost for the project.
AREA - CALCULATED FEE TABLE - Schedule A
For BUILDINGS & STRUCTURES
Permits Electrical
Line
Application $25.00
Fee (non -
Refundable)
Plus
Plan Review $25.00 or
Nonrefundable $0.0025 x SF
Whichever is greater
Permit and $50.00 or
Inspection $0.0275 x SF
whichever is greater
AREA - CALCULATED USE MULTIPLIER - Schedule B
Occupancy /Use Class Occupancy /Use Multiplier
A -I, A -2, A -3, A -4, and A -5 Assembly 1.5
B Business 1
E Educational 1.5
F -1 and F -2 Factory /Industrial 1
H -I, H -2, H -3, H -4, and H -5 High Hazard 2.25
I -1, I -2, and I -3 Institutional 1.75
M Mercantile 1
R -1 Transient - Boarding houses, Hotels, and1.28
Motels
R -2 Permanent - Apartment houses, Boarding 1.28 houses (not transient), Convents,
Dormitories, Fraternities and Sororities, Monasteries, Vacation timeshare properties,
Hotels (non- transient), and Motels (non- transient)
R -3 Permanent - 1 and 2 family 0.5
R -4 Assisted Living 1.34
S Storage 0.7
U Utility and Miscellaneous 0.85
PLUMBING
Plumbing Permit fees are divided into two categories - flat fee or area - calculated fee; find the work description in either the
FLAT FEE SCHEDULE or the AREA - CALCULATED FEE SCHEDULE, below.
FLAT FEE SCHEDULE
Application fee of -
Permit fee from following list:
2. All other installations which are not subject to no -fee provision have area - calculated permit fees derived from Fee
Schedule A and Use Multiplier Schedule B.
Area - Calculated Building Permit fees consist of four charges - a charge associated with application (which is non-
refundable), a charge associated plan review (which is non - refundable), a charge associated with inspections, and a
charge associated with closeout. The first two charges are collected at application, and together make up the application
fee. The second two charges are collected at permit issuance, and together make up the permit fee.
Area - Calculated fees are derived as follows:
FOR WORK LIMITED TO BUILDINGS & STRUCTURES
Step 1 - Identify each use or occupancy on each floor, story, or mezzanine of the building or structure and calculate each
use's area in square footage. In mixed -use buildings and structures also identify and calculate the square footage of
Common Areas.
Common Areas are deemed to have the same use as that of the principal use on the floor, story, or mezzanine.
Step 2 - Total the sum of all similar uses and Common Area to arrive at Use Square Footages. Apply the amounts or
multipliers shown in the following Area - Calculated Fee Table, Schedule A, Buildings & Structure Section, in each of the
three listed categories (Application, Plan Review, Inspection & Certificate) to those Use Square Footages, to get a Base
Dollar Use Value for each use.
Step 3 - Total all the Base Dollar Use Values of same uses.
Step 4 - Apply the Area - Calculated Use Multiplier from Schedule B to each use total to calculate fees for each use,
including the Common Areas.
Step 5 - Total all Use Multiplier products to finalize the total plumbing permit cost for Buildings & Structures..
FOR WORK LIMITED TO SITES
Step 1 - Identify and calculate the square footage of the exterior area(s) serviced by the Plumbing Storm Drainage work
(i.e. the size of the parking lot to be drained).
Step 2 - Total the sum of all similar exterior areas to be serviced by the Plumbing Storm Drainage work. Apply the
amounts or multipliers shown in the following Area - Calculated Fee Table, Schedule A, Site Work Section, in each of the
three listed categories (Application, Plan Review, Inspection & Certificate) to those totals to get a total Base Serviced Area
Value. This is the permit cost for Plumbing Storm Drainage Site Work.
FOR WORK ON BOTH BUILDINGS & STRUCTURES AND SITES
Step 1 - Add the total building permit cost for Buildings & Structures and the total building permit cost for Site Work to
arrive at the total building permit cost for the project.
AREA - CALCULATED FEE TABLE - Schedule A
For BUILDINGS & STRUCTURES
Permits Plumbing
Application $25.00
Fee (non -
Refundable)
Plus
Plan Review $25.00 or $0.0025 x SF Non - refundable
whichever is greater
Permit and $50.00 or
Inspection $0.0275 X SF
whichever
is greater
For SITE WORK (if Applicable)
Permits Plumbing
Storm Drainage
Application Fee $25.00
Non - refundable
Plus
Plan Review up to 10,000sf
Non - refundable $25.00 or
$0.005 X Sf
Whichever is
Greater
+ 10,0001 SF and up
$0.002 X SF
Permit and $25.00 or $
Inspection $0.015 X SF
whichever
is greater
FINES AND PENALTIES
Work commenced without license or permit:
Double both permit fees, plus
for residential work, for each day for which the permit is not issued or displayed —
for commercial work, for each day for which the permit is not issued or displayed - License /decal not displayed:
APPROVED AS TO FORM Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 158
BY: MR. FONTANA
RE: ORDINANCE AMENDMENT CHAPTER 51 I, ZONING
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to read as follows:
F. Driveways. parkina areas. and pavina in vards of residential districts or uses: amount permissible
(1) Paving forwards of buildings in residential districts or uses shall be limited to driveways serving side or rear parking
or garages, or serving legal front parking pads. For the purposes of this section, "forwards of buildings" means forwards of
the main building structure. Paving may only be placed after obtaining the appropriate approvals and building permit.
(2) Driveway widths in residential districts or uses shall be limited to twelve
(3) Exceptions to driveway width:
(a) Driveways in residential districts or uses may become wider in order to accommodate vehicle entry into a garage or
parking area, but such widening shall only be permitted at the point where it becomes necessary in order to allow such
vehicle entry, and in no case shall such widening be forwards of the building. Exception: Widening as necessary for
enterina an attached aaraae. which aaraae is near enouah to the front of the dwellina to occasion such widenina forwards
of the building, is allowed
(b) Driveways may become wider in order to accommodate the switching of the position of two U vehicles in the
driveway, but such widening shall only be permitted immediately adjacent to the garage or parking area and shall only be
permitted at the point where it becomes necessary in order to allow switching of vehicles. In addition, in no case shall
such widening be allowed forwards of the building.
(c) If the width of a lot in residential districts or uses is sixty (60) feet
or greater, a full driveway of twenty -four (24) feet is allowed.
(4) With respect to driveways in residential districts or uses, any one U side street side yard on a comer lot in a
residential district or use may be paved to the extent described in paragraphs A through C, except that widening in the
amount permitted in paragraph C may be accomplished to the front of the building side, providing however that prior
approval for any widening on the City right -of -way
must be obtained from the City Engineering office. In addition, any such side street side yard driveway shall only be in lieu
of a driveway to the front of the lot.
(5) Curb cuts for new driveways or driveway expansions require prior approval from the City Engineering office.
(6) Parking areas:
(a) Driveways and parking areas in residential districts or uses shall only be used as parking for non - commercial vehicles,
and may only be placed after obtaining the appropriate City building permit.
(b) Parking areas in residential districts or uses shall be limited to an
area for up to five U vehicles, based on parking space area regulations in Section 511 -96 of this Charter.
(c) Parking areas in residential districts or uses shall be to the side or
the rear of the building, and no part of such parking area NOTE: nor any part of any vehicle parked therein shall
extend forwards of the building. For the purposes of this section, "forwards of the building" means forwards of
the main building structure.
(7) Paving on lots. Paving on lots in residential districts or uses shall be limited to the extent described in paragraphs A
through F, and such paving shall only be permitted when accessory to a dwelling_
(8) Paving on the City right -of -wag. Paving on the City right -of -way shall require prior approval from the City Engineering
office, and any contractor or property owner proposing to do such work shall first provide evidence of competency in the
trade. See Section 103 -30 of this Charter.
(9) Trees, lamp standards, and parking signage on the City right -of -way. Any tree, lamp standard, or parking sign on the
City right -of -way which would have to be moved or removed as part of any proposed driveway or any access from the
street to any paved area, or as part of any alterations to the same shall require prior approvals from the appropriate City
office or offices, and work shall be done only by City crews after such approvals are obtained. Exception: The Department
of Public Works and the City Planning Board shall have the right as necessary to cause to have moved any tree, lamp
standard, or parking signage as part of any
APPROVED AS TO FORM
Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 159
By: Mr. Fontana
ORDINANCE AMENDMENT CHAPTER 511, ZONING
The Common Council of the City of Buffalo does hereby ordain as follows: That the Code of the City of Buffalo be
amended to read as follows:
§ 511 -4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING -- A subordinate building located on the same lot with the main building, occupied by or devoted
to an accessory use. Where an "accessory building" is attached to the main building in a substantial manner, as by a wall
or roof, such "accessory building" shall be considered part of the main building.
ACCESSORY USE -- A use customarily incidental and subordinate to the main use or building and located on the same
lot therewith. In no case shall such "accessory use" dominate, in area, extent or purpose, the principal lawful use or
building.
ADULT USES [Amended 9 -17 -1991, effective 9 -26 -1991; 7 -26 -1994, effective 8 -5- 1994]:
A. ADULT BOOKSTORE -- A commercial establishment having, as a substantial or significant portion of its stock -in-
trade, books, magazines and other periodicals depicting, describing or relating to specified sexual activities or specified
anatomical areas, as defined below, for sale, rent or on -site viewing ( "goods ").
B. ADULT MOTION - PICTURE THEATER --A commercial establishment
presenting to an audience of one or more persons films, tapes, videotapes, slides, videodiscs, computer - generated
images, or computer programs depicting, describing or relating to specified sexual activities or specified anatomical areas,
as defined below, for observation by a person or persons therein. The term "adult motion - picture theater" shall also
include commercial establishments offering private visual presentations of such films, tapes, videotapes, slides,
videodiscs or computer - generated images.
(1) ADULT VIDEO STORE -- An establishment having, as a substantial or significant portion of its stock -in- trade, films,
videotapes, videodiscs, computer - generated images, or computer programs for sale, rent or on- premises viewing, any of
which contain specified sexual activities or specified anatomical areas, as defined below ( "goods ").
C. BODY RUB ESTABLISHMENT -- A commercial establishment which provides, as a substantial or significant portion
of its business, body rubs upon the public or massages without a license as required by Article 155 of the New York
Education Law or its successors. [Added 10 -3 -1995, effective 10 -4 -1995 EN]
D. EXOTIC CABARET --An establishment which features or includes topless [or bottomless] dancers, go -go dancers,
exotic dancers, strippers, any employee with adhesive - backed or glued material as the sole covering of the nipple or
nipples and areola, any employee exposing specified anatomical areas as defined below, male or female impersonators
or similar entertainers and where the sale of beer, wine or intoxicating liquor for consumption on the premises may or may
not be permitted. ]Amended 9 -17 -1991, effective 9-26-19911
(1) The designation of "Exotic Cabaret" above is based upon the type of entertainments listed in the paragraph above,
and is designated as such irrespective of the selling or consuming of any food or beverages of any type on the premises.
[D]E. SUBSTANTIAL OR SIGNIFICANT PORTION - [Ten] percent or more of its goods on display; [10]2% or more of
the area of the store which is accessible by the public in which goods are displayed, sold or stored; [10]2% or more of its
inventory; [10]2% or more of the number of items on hand for sale or rent at retail or wholesale from premises which are
also open to the public; [10]2% or more of the services provided by the establishment consists of body rubs or unlicensed
massages; or [10] 2% or more of the floor area of the establishment in which services to the public are provided consists
of rooms or cubicles in which body rubs are provided. In no event shall the gross floor area exceed 50 S.F. or volume
exceed 200 CF.
[Amended 10 -3 -1995, effective 10 -4 -1995]
(1) Any mercantile establishment which has adult books, magazines, and other periodicals, films, videotapes, slides,
videodiscs, DVD's, computer - generated images, or computer programs, and any other adult wares for sale or rent as an
accessory and not substantial or significant portion of its wares or sales shall have a separate area for such wares
portioned off from the floor area given to the primary use. Such portion of the floor area of the establishment shall be
completely separated from the rest of the sales and other areas by completely opaque continuous permanent barriers of
substantial construction at least 7 feet tall, with an entry with a self - closing completely opaque door or doors covering the
full width of the entry opening and covering from 1 foot off the floor to 6 feet in height, so that no adult wares are visible to
casual viewing by minors. Exception: magazines or books which are completely covered by a completely opaque covering
in such a manner that that only a non - sexual title and no prurient images or wording can be seen may occupy a separate
shelf comprising not more than 2 % of shelving, racks or displays carrying printed material wares of the primary sales use.
(2) Any accessory area for sale or rent of adult wares shall not be part of the entry to or exit from the primary sales
area(s) or other areas.
(3) Any mercantile establishment which has adult wares for sale or rent as an
accessory and not substantial or significant portion of its sales or rentals shall not advertise such wares as part of its
exterior signage of anytype.
(4) Signage not larger than two (2) square feet nor smaller than one U square foot and with lettering of at least a font
size of seventy -two (72) identifying the adult wares therein as such, shall be permanently affixed to the entry door or doors
to any accessory area containing adult wares.
[E]F. SPECIFIED SEXUAL ACTIVITIES:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts of human masturbation, sexual intercourse or sodomy.
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
[F]G. SPECIFIED ANATOMICAL AREAS:
(1) Less than completely and opaquely material- covered human genitals, pubic region, buttocks and female breast below
a point immediately above the areola, including adhesive - backed or glued material as the sole covering of the nipple or
nipple and areola.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
APARTMENT -HOTEL -- A building or portion thereof arranged, intended or designed for or containing both dwelling units
and individual guest rooms or suites of rooms, not primarily for transients.
APPLICATION FEE -- the first of two fees associated with obtaining a building permit, which fee is paid upon submission
of construction documents to the permit office in the case of a permit requiring such documents, and in the case of simple
permits not requiring any documentation other than a copy of the building contract is paid together with the second fee
(permit fee) upon obtaining a permit. The application fee covers work associated with registration, application and plan
review for a permit.
APPURTENANCE -- a lesser part or component that is an appendage or accessory to a whole system, and whose
function is incidental or accessory to the system to which it is connected.
ASSEMBLY
A. With reference to materials assembly(ies) in a building, structure or lot -- all the materials, parts, elements and
components which once integrated by construction or fabrication comprise a physical unit or distinct entity within the
constructed whole.
B. With reference to Public Assembly as one of the Occupancy /Use classifications as defined in section 303.1 of the
Building Code of New York State -- Assembly Group A occupancy includes, among others, the use of a building or
structure, or a portion thereof, for the gathering together of persons for purposes such as civic, social or religious
functions, recreation, food or drink consumption or awaiting transportation. A room or space used for assembly purposes
by less than 50 persons and accessory to another occupancy shall be included as a part of that occupancy.
AUTOMOBILE OR TRAILER SALES AREA -- An open area, other than a street or public place, used for the display,
barter, purchase, sale or rental of new or used motor vehicles or trailers and where no repair work is done, except minor
incidental repair of vehicles to be displayed, sold or rented on the premises.
BASEMENT -- A story partly below curb level but having at least 1/2 of its height above the curb level.
BILLBOARD or SIGNBOARD -- Any structure or portion thereof situated on private premises, on which lettered, figured or
pictorial matter is displayed for advertising purposes other than the name and occupation of the user of such premises or
the nature of the business conducted thereon or the products primarily sold or manufactured thereon, or any such
structure or portion thereof, the area of which, devoted to advertising purposes, exceeds 100 square feet.
BLOCK FRONTAGE -- All the property fronting on one side of a street between intersecting or intercepting streets or
between a street and right -of -way, waterway, end of dead -end street or City boundary, measured along the street line.
BOARD -- The Zoning Board of Appeals.
BOARDING- OR ROOMING HOUSE -- A dwelling, other than a hotel or lodging house, where meals or housing
accommodations for five or more persons are provided for hire. This definition shall not be construed to affect licensing
provisions of the health ordinances.
BUILDING -- Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals
or chattels. When such a structure is divided into separate parts by one or more unpierced walls extending from the
ground up, each such part shall be deemed to be a separate "building," except as regards requirements for side yards as
hereinbefore provided.
BUILDING, HEIGHT OF -- The vertical distance measured from the highest adjoining curb grade to the highest point of
the roof beams in the case of a flat roof and to the mean height level of the roof in the case of a pitched roof.
BUILDING CODE -- a body of requirements and standards regulating the construction, maintenance, and demolition of
buildings and structures. (The City of Buffalo administers the New York State Family of Codes, a collection of publications
coauthored by the International Code Council and the New York State Department of State, legislated by the State, and
implemented on July 3 2002. Included in the New York State Family of Codes:
BUILDING CODE -- the Building Code of New York State (BCNYS).
ENERGY CODE -- the Energy Conservation Construction Code of New York State (ECCCNYS).
FIRE PREVENTION CODE -- the Fire Code of New York State (FCNYS).
FUEL GAS CODE -- the Fuel Gas Code of New York State (FGCNYS).
MECHANICAL CODE --the Mechanical Code of New York State (MCNYS).
PLUMBING CODE -- the Plumbing Code of New York State (PCNYS).
PROPERTY MAINTENANCE CODE -- the Property Maintenance Code of New York State (PMCNYS).
RESIDENTIAL CODE -- the Residential Code of New York State (RCNYS), for one- and two - family dwellings.
Building Codes above each contain and /or refer to Reference Standards which are part of the Codes; such reference
standards include, but are not limited to, the following:
ACCESSIBILITY CODE -- the Accessibility and Usable Buildings and Facilities Standard ICC /ANSI A 117.1 -98.
ELEVATOR /ESCALATOR SAFETY CODE -- the American Society of Mechanical Engineers Standard ASME A 17.1-
2000, Safety Code for Elevators and Escalators.
LIFE SAFETY CODE -- the National Fire Protection Association Standards NFPA 101 -00 and NFPA 102 -95.
NATIONAL ELECTRICAL CODE -- the National Fire Protection Association (NFPA) Standard NFPA 70 -99.)
BUILDING PERMIT -- is the instrument which allows and controls the erection of a building, addition to a building, moving
a building, change of occupancy, reconstruction, alteration, renovation, repair, or demolition of a building, or portion of a
building, accessory or incidental building or structure, or lot, according to the applicable Codes and Ordinances. The
building permit describes and characterizes the work being done, is part of enforcing compliance with the appropriate
Codes, and is part of the permanent record of the changes at the property and of the legal use(s) of the property.
The following is a list of Building Permit Types used in the City of Buffalo:
A. Asbestos Abatement Permit
B. Building Permit
C. Demolition Permit
D. Electrical Permit
E. Elevator Permit
F. Fuel Devices Permit, and
G. Plumbing Permit
BUILDING PERMIT FEE -- the second of two fees associated with obtaining a building permit, which fee is paid upon
completion of all plan review approvals and issuance of the permit, in the case of permits for which construction
documents were submitted, and in the case of simple permits not requiring any documentation other than a copy of the
building contract, is paid together with the first fee (application fee) at issuance of the permit. The permit fee covers work
associated with inspections, closeout, and certification for a permit.
The following is a list of Permit Fee Types used in the City of Buffalo:
A. Asbestos Abatement Permit Fee
B. Building Permit Fee
C. Demolition Permit Fee
D. Electrical Permit Fee
E. Elevator Permit Fee
F. Fuel Devices Permit Fee, and
G. Plumbing Permit Fee
BUILDING PERMIT PROCESS -- is the process which includes registration of a building project's particulars, the
appropriate prior approvals, possible appeals for variances, application, construction document reviews, permit issuance,
inspections of work and approvals, close -out, and appropriate certificates, and also accompanying paper and electronic
documentation and records - keeping for the project.
CITY EMERGENCY DEMOLITION, DECLARATION OF -- See Sections 14 -10, Destroying Buildings, and 17 -2,
Commissioner of Permit and Inspection Services; Duties and Powers, of this Charter.
CLASSIFICATION OF WORK - -the categorization of work, performed at and on existing and new buildings and
structures and their lots, divided into different levels of complexity of work and of change resulting from that work, as
defined in Chapter K3, Classification of Work, Appendix K, the Building Code of New York State. For example, the
classification terms - repairs, renovations, alterations, reconstruction, and change of occupancy, respectively - reflect
increasing changes to an existing building with respect to: rehabilitation, space layout, relationships between spaces,
Electrical, Fuel Devices and Plumbing systems, overall safety design, and occupancy /use. (See the following terms and
definitions):
A. ADDITION -- any enlargement of the floor area, volume, or covered area of an existing building or structure.
B. ALTERATION -- the reconfiguration of any space, the addition or elimination of any door or window, the reconfiguration
or extension of any system, or the installation of any system.
C. CHANGE OF OCCUPANCY -- a change of purpose or level of activity within a building that involves a change in
application of the requirements of the Building Code of New York State.
D. NEW CONSTRUCTION -- the construction of any new, stand -alone building or structure or addition to an existing
building or structure.
E. RECONSTRUCTION -- any project where the reconfiguration of space, as indicated on the construction documents, is
such that it adversely impacts the means of egress of spaces outside the work area; affects the entire occupancy; or the
work area totals more than two - thirds of the building area. Reconstruction involves work not initially intended by the owner
but specifically required by Appendix K, Rehabilitation of Existing Structures, of the Building Code of New York State.
F. RENOVATION -- the removal and replacement or the covering of existing materials, parts, elements, components,
equipment and /or fixtures using new materials, parts, elements, components, equipment and /or fixtures that serve the
same purpose, without reconfiguring the space.
H. REPAIR -- the patching or restoration of materials, parts, elements, components, equipment and /or fixtures for the
purposes of maintaining such material, parts, elements, components, equipment and /or fixtures in good or sound
condition.
CLUB, PRIVATE -- A nonprofit social organization whose premises are restricted to its members and their guests.
COMMERCIAL -- multiple dwellings (3- family, 4- family, etc. dwellings), their accessory buildings and structures, and their
lots (as defined Section 310, Chapter 3, Use and Occupancy Classification, of the Building Code of New York State); all
mixed -use buildings containing three or more dwelling units and their accessory buildings and structures and their lots;
and all other non - residential buildings, structures, and uses, and their lots, other than Utility /Miscellaneous Buildings and
Structures (as defined in Section 312 of Chapter 3 of the Code).
COMMON AREA With reference to area - calculated permit fees -- the public and service areas of a building or structure,
such as halls, toilet rooms, janitorial rooms, equipment rooms, elevator shafts, mechanical shafts, lobbies, vestibules,
atriums, stairs and like spaces which are for the use of the general public, occupants and service persons, and not for use
by a single tenant or group of tenants exclusively.
CONVEYANCE -- any fixed mechanical means of transport for persons or materials located in or adjacent to any building
or structure, such as but not limited to, elevators, lifts, escalators, moving walkways, and conveyor belts, including the
equipment, its associated parts, and its hoistways.
COURT -- An open unoccupied space, other than a yard, on the same lot with and bounded on three or more sides by a
building or by a group of buildings, each of which is less than 20 feet from another building in such group. The width of
any "court' is its least horizontal dimension measured between opposite walls. The length of any "court' is its greatest
horizontal dimension measured at right angles to its width.
A. OUTER COURT -- A court which opens for its required width on any front or rear yard or side street side yard or on a
side yard -at least 20 feet wide, on the lot, or which extends to any street line of the lot.
B. INNER COURT -- Any court other than an outer court.
CURRENT LEGAL USE(S) -- any use /occupancy of a building, portion of a building, or a lot, which has been established
by the proper completion of the appropriate use /occupancy permit and /or by the issuance of a Certificate of Occupancy or
Certificate of Compliance, as appropriate, and which use has not become a discontinued nonconforming use, or which
use has not been modified or replaced under a more current use /occupancy permit.
DWELLING -- A building or portion thereof designed or used exclusively as the residence or sleeping place of one or
more persons.
A. DWELLING UNIT -- One or more rooms designed for occupancy by one family for cooking, living and sleeping
purposes.
B. ONE - FAMILY DWELLING -- A building containing one dwelling unit and designed or used exclusively for occupancy by
one family.
C. TWO- FAMILY DWELLING -- A building containing two dwelling units and designed or used exclusively for occupancy
by two families living independently of each other, or two one - family dwellings having a party wall in common.
D. MULTIFAMILY DWELLING --A building or portion thereof containing three or more dwelling units and designed or
used for occupancy by three or more families living independently of each other.
E. ROW DWELLING -- A row of attached or semidetached one - family dwellings or two - family dwellings- containing a total
of three or more dwelling units, or a building in such a row.
F. DETACHED DWELLING -- A dwelling having no party wall in common with another building.
G. TOWNHOME -- An attached but independent single - family home which is joined to one or more similar independent
single - family homes by a common fire wall or fire walls. Each such unit shall be located on an individual lot. Each
"townhome" lot shall have a frontage on a street or a permanent easement of access to a street. Front and side yards, as
regulated by the district regulations, are not required for each unit.
DWELLING GROUP -- A group of two or more dwelling structures located on the same lot.
EQUIPMENT OR FIXTURE -- any plumbing, heating, electrical, ventilating, air handling, air conditioning, refrigeration and
fire protection equipment, as well as elevators, dumb waiters, escalators, fuel devices, boilers, pressure vessels, and
other mechanical facilities or installations, which are related to building services. Equipment or fixture shall not include
manufacturing, production or process equipment, but shall include connections from building service to process
equipment.
EXISTING BUILDING -- any building or structure which has been issued a certificate of occupancy or has been legally
occupied.
EXOTIC CABARET -- An establishment which features topless [or bottomless]dancers, go -go dancers, exotic dancers,
strippers, any employee with adhesive - backed or glued material as the sole covering of the nipples or nipples and
areolae, any employee
exposing specified anatomical areas as defined below, male or female impersonators or similar entertainers and where
the sale of beer, wine or intoxicating liquor for consumption on the premises may or may not be permitted. [Amended 9-
17 -1991, effective 9 -26 -1991 ]
(1) The designation of Exotic Cabaret' above is based upon the type of entertainments listed in the paragraph above,
and is designated as such irrespective of the selling or consuming of an, /food or beverages of any type on the premises.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
By: Mr. Fontana
NO. 160
ORDINANCE AMENDMENT CHAPTER 611, ZONING
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to read as follows:
§ 511 -68.4. Clinton Street Special Zoning District.
A. Clinton Street, between Bailey Avenue and Cochrane Street as hereafter limited and described, shall be known as
the " Clinton Street Special Zoning District."
B. Limits and description. The Clinton Street Special Zonlnp, District shall include all properties fronting on both sides of
Clinton Street originating at the intersection of Clinton Street and Bailey Avenue continuing to Clinton Street and
Cochrane Street
C. Legislative intent.
(1) This Common Council finds that, in the Clinton Street Special Zoning District, the stability and continued viability of
this area as a sound residential, commercial and cultural area of the City is threatened and thus adversely affects the
welfare and economic well -being of the city and its residents.
(2) The Common Council therefore finds that future development shall be controlled by the creation of a special zoning
district.
D. Permitted uses. Any of the uses which presently are permitted pursuant to this chapter of the Code of the City of
Buffalo or which may be established or extended as a matter of right pursuant to said Code, except those uses herein
restricted, shall be permitted uses in the Clinton Street Special Zoning District.
E. Restricted uses. No use shall be permitted in the Clinton Street Special Zoning District which is a use for dance halls,
nightclubs, car washes, eating and drinking establishments, take -out food places, tattoo parlors, billiard parlors and
amusement arcades, except as permitted by Subsection F of this section.
F. Restricted uses permit.
(1) Any of the following listed uses may be established or extended, separately or in combination with other uses
permitted in this district, if in compliance with all of the regulations of this chapter, and then only if a restricted use permit
is issued pursuant to § 511 -55 of this chapter.
Amusement arcades
Bars
Billiard parlors
Dance halls
Eating and drinking establishments
Nightclubs
Take -out food places
Tattoo parlors
(2) A person seeking to establish or extend a use restricted by Subsection E of this section shall file an application for a
restricted use permit as provided by§ 511 -55 of this chapter.
APPROVED AS TO FORM
Michael B. Risen
Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
By: Mr. Fontana
NO. 161
ORDINANCE AMENDMENT CHAPTER 611, ZONING
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to read as follows:
§ 511 -68.5. Loved Street Special Zoning District.
A. Loved Street, as hereafter limited and described, shall be known as the "Lovejoy Street Special Zoning District."
B. Limits and description. The Loveioy Street Special Zoning District shall include all properties fronting on both sides of
Loved Street.
C. Legislative intent.
(1) This Common Council finds that, in the Loved Street Special Zoning District, the stability and continued viability of
this area as a sound residential, commercial and cultural area of the City is threatened and thus adversely affects the
welfare and economic well -beina of the citv and its residents.
(2) The Common Council therefore finds that future development shall be controlled by the creation of a
special zoning district.
D. Permitted uses. Any of the uses which presently are permitted pursuant to this chapter of the Code of
the City of Buffalo or which may be established or extended as a matter of right pursuant to said Code,
except those uses herein restricted, shall be permitted uses in the Lovejoy Street Special Zoning District.
E. Restricted uses. No use shall be permitted in the Loved Street Special Zoning District which is a use for dance
halls, nightclubs, car washes, eating and drinking establishments, take -out food places, tattoo parlors, billiard parlors and
amusement arcades, except as permitted by Subsection F of this section.
F. Restricted use permit.
(1) Any of the following listed uses may be established or extended, separately or in combination with other uses
permitted in this district, if in compliance with all of the regulations of this chapter, and then only if a restricted use permit
is issued pursuant to — 511 -55 of this chapter.
Amusement arcades
Bars
Billiard parlors
Car washes
Dance halls
Eating and drinking establishments
Nightclubs
Take -out food places
Tattoo parlors
(2) Any person seeking to establish or extend a use restricted b7 Subsection E of this section shall file an application for a
restricted use permit as provided by§ 511 -55 of this chapter.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 162
By: Mr. Fontana
ORDINANCE AMENDMENT CHAPTER 611, ZONING
The Common Council of the City of Buffalo does hereby ordain as follows: That the Code of the City of Buffalo be
amended to read as follows:
§ 511 -115. Yards and courts.
A. Yard modification for corner lot. On a comer lot, if a front yard is provided on each street side, the other yards shall be
considered side yards and no rear yard shall be required.
B. Side yard exception for row or attached dwelling. In the case of a row dwelling or any dwelling which has one or more
party walls in common with another dwelling, the entire structure shall be considered as a single building with respect to
side yard requirements.
C. When side yards may be varied.
(1) When the side wall of a building is not parallel with the side lot line, the width of side yard may be interpreted as the
average width; provided, however, that such side yard shall at no point be narrower than three feet or 1/2 the required
width, whichever is greater.
(2) Two adjoining lots may be developed with dwellings, having attached garages, provided that the garages are not
over 12 feet in height and the front wall is at least 20 feet back of the front wall of the dwelling to which it is attached, and
provided, further, that the distance between any such structure and any dwelling on another lot is not less than the
required sum of side yard widths. This exception shall not apply to dwelling groups.
(3) In the case of a one - family or two - family dwelling, one side yard may be reduced to not less than 18 inches, provided
that the sum of both side yards is not less than the required sum, and provided that the distance between the proposed
dwelling and any dwelling or permitted dwelling location on an adjacent lot having a common side lot line is not less than
the required sum of side yards.
D. Exceptions to minimum court dimensions. An outer court whose depth is not more than 1/2 its width shall be exempt
from the requirements of this
chapter with respect to minimum dimensions of courts.
Projections into yards and courts.
(1) The following projections into required yards and courts shall be allowed,
Subject to the limitations of Subsection E (2):
(a) Fence heights:
(i) For all Residential and Commercial uses: A wall or fence not over four feet high may be erected within the limits of
any front yard, side street side yard, or outer court, provided that it does not conflict with the requirements of § 511 -84 for
corner visibility. In any other yard, a wall or fence not over seven feet high may be erected. [A fence, wall or similar
structure unduly shutting out light or air or which may cause a nuisance, a fire hazard or a dangerous condition, including
barbed wire and razorback wire, is prohibited. [Amended 11 -12 -1997, effective 11 -24- 1997]] Exception: A wall or fence
not over six feet high may be erected to the rear of a dwelling on a corner lot provided that in the triangle formed by points
three U feet back from the intersection of the fence line and a driveway and a line joining such points, no fence may be
erected and no plant foliage may be maintained. Plant growth adjacent to the front property line or side street side yard
property line shall be maintained so as to meet requirements of § 511 -84 for corner visibility, and so as to leave clearance
of the required minimum sidewalk width. See Notes below.
(ii) For all Manufacturing uses: A wall or fence not over six feet high may be erected within the limits of an front yard, side
street side yard, or outer court, provided that it does not conflict with the requirements of § 511 -84 for corner visibility. In
any other yard, a wall or fence not over ten feet high may be erected. Plant growth adjacent to the front property line or
side street side yard property line shall be maintained so as to meet requirements of § 511 -84 for corner visibility and so
as to leave clearance of the required minimum sidewalk width.
See Notes below.
Notes: U A fence, wall or similar structure unduly shutting out light or air or which may cause a nuisance, a fire hazard or
a dangerous
condition, including barbed wire and razorback wire, is prohibited. [Amended 11 -12 -1997, effective 11 -24 -1997]
(2) Fence heights for Urban Renewal areas shall conform to Urban Renewal regulations by area.
(b) Balconies and bay windows limited in total length to 1/2 the length of the building wall may project into any yard or
court.
(c) Chimneys, ornamental features, pilasters and roofs may extend not more than 30 inches into any required yard or
court.
(d) Fire escapes may extend not more than four feet into any required court or side yard and not more than six feet into
any required rear yard.
(e) Handicap access ramps or wheelchair lifts and their structures may project as necessary into a yard or court of an
existing one -, two -, or three - family dwelling_
(2) Limitation on projections. Notwithstanding any other provision of this section, no projection shall extend into any
required yard more than 1/3 the required width or depth of such yard or into any required court more than 1/4 the required
width of such court or within three feet of any accessory building.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 163
By: Mr. Fontana
ORDINANCE AMENDMENT CHAPTER 611, ZONING
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to read as follows:
§ 511 -116. General provisions.
A. The duties of administering and enforcing the provisions of this chapter shall be performed by the Commissioner of the
Department of Permit and Inspection Services of the City of Buffalo. Said Commissioner shall have exclusive authority to
grant building permits, subject to such procedure and appeal action as is hereinafter provided.
B. No building or structure in said City shall be renovated, altered, reconstructed, occupied or used for any purpose,
extended or enlarged, moved, erected, placed, or demolished without a permit issued therefor by the Commissioner of
Permit and Inspection Services in accordance with the provisions of this chapter and of Chapter 103, Articles IV, V and VI;
Chapter 105; Chapter 186; Chapter 266; Chapter 281, Article II; Chapter 341, Article II; Chapter 395; Chapter 399, Article
III; and Chapter 430 of the Code of said city.
C. The Commissioner of Permit and Inspection Services shall issue no permit for the construction or structural alteration
of any building, structure or portion thereof or for the use or occupancy of any premises or accessories thereto unless the
plans, specifications and proposed use of said building or structure and the proposed use of said premises and
accessories thereto conform in all respects to the provisions of this chapter. Any permit issued for the construction or
alteration of any building or for the use or occupancy of any premises contrary to the provisions of this chapter shall be
void. Any material misstatement of fact by an applicant for a permit or any material misrepresentation in his plans or
specifications shall render void any permit granted thereon.
D. The Commissioner of Permit and Inspection Services may cause any building, structure or premises to be inspected
and examined and order in writing the remedying of any conditions found in violation of regulations of this chapter.
E. All work, materials, parts, elements, components, finishes, equipment and /or fixtures, assemblies and systems shall
comply with the requirements of the Building Codes of New York State irrespective of the requirement for a Building
Permit or payment of a Building Permit fee.
F. All work shall comply with the provisions of the codes and ordinances of this Charter irrespective of requirement for a
Building Permit or payment of a Building Permit fee.
[(1)G. All work in the City must be done by City - licensed contractors, irrespective of requirement for a
Building Permit or payment of a Building Permit fee. Exception: A homeowner may do general construction work on his or
her own dwelling, provided that all required approvals, submissions, and permits are accomplished.
[G]H. All work is subject to all other applicable approvals and reviews and their attendant fees irrespective of requirement
for a Building Permit or payment of a Building Permit fee.
[H]I. The Owner of a building, structure or lot is the primary responsible party in Building Permit and Building Permit fee
matters. The use or employment of any agent, a Licensed Architect or Licensed Structural Engineer, or a Licensed
Contractor, does not obviate the Owner's responsibilities.
[I]J. Sidewalk surveys: For any project which will involve the location, use, or storage of large machinery including, but not
limited to, backhoes, excavators, front -end loaders, tandem -axle dumps, dumpsters and their trucks, tractor - trailers,
cranes, etc at the site or on any City right -of -way adjacent to or affected by the project, a sidewalk survey inspection shall
be accomplished and submitted as part of the permit application for such project. The completed sidewalk survey shall
include the project address, the date of the survey, the name of the city inspector doing the survey, and a written
description, a drawing, and photographs of the pre- existing condition of all sidewalks, aprons, and other paved flatwork on
the City right -of -way adjacent to the site or affected by the project. A follow -up inspection including new photos, drawings,
and verbal description shall be done at the completion of all work, and shall be compared to the results from the initial
sidewalk inspection to determine what damages, if any, have occurred.
(1) Any damages to existing sidewalks, curbs or streets caused in the performance of work during a project shall be
replaced in kind and /or repaired in accordance with the City of Buffalo specifications on file with the office of the
Commissioner of Public Works. All remedial work shall be done by the contractor (or owner, in the case of work done by
owner) at his own expense, bearing the cost of restoring affected sidewalks, streets, and curbs to a good and satisfactory
condition.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 164
By: Mr. Fontana
ORDINANCE AMENDMENT CHAPTER 511, ZONING
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to read as follows:
§ 511 -127. Conflict with other provisions.
A. Where this chapter imposes greater restrictions or requires higher standards than any law, ordinance, regulation or
private agreement, this chapter shall control.
Exception: The Building Code of New York State.
B. Where greater restrictions or higher standards are imposed by any law, ordinance, regulation or private agreement,
such greater restrictions and higher standards shall control.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Matter in brackets is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO 165
By: Mr. Fontana
DISCHARGE ITEM FROM THE LEGISLATION COMMITTEE - -(COM 48, CCP MAY 3, 2005)
"FOOD STORE LICENSE -1 ALMA (UNIV) (PERMITS)"
Whereas: COM 48, CCP May 3, 2005 "Food Store License -1
Alma(Univ)(Permits)" is currently before the Committee on Legislation; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore, Be It Resolved:
That the Common Council does hereby discharge the Legislation Committee from further consideration of COM 48, CCP
May 3, 2005 "Food Store License -1 Alma (Univ) (Permits)" and said item is now before the Council.
Mr. Coppola moved:
That the Common Council does hereby discharge the Legislation Committee from further consideration of Item No. 48,
C.C.P., May 3, 2005, and
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby
is authorized to grant a Food Store License to Yasin Mohamed, located at 1 Alma.
ADOPT DISCHARGE; PASSED
AYES -9. NOES -0.
NO. 166
By: David Franczyk
FRANCZYK PARK SITE REMEDIATION, SEQRA LEAD AGENCY DESIGNATION
WHEREAS, Prior to the implementation of the above - referenced project, the requirements of the New York State
Environmental Quality Review Act (SEQRA) must be satisfied and
WHEREAS, the project, as defined under SEQRA is a Type I action for which a coordinated environmental review must
be completed; and
WHEREAS: A Lead Agency responsible for determining the effect of the action on the environment must be designated
from among the involved agencies; and
WHEREAS: The other agencies involved in either funding or approving the project are the New York State Department of
Environmental Conservation, the City of Buffalo Department of Public Works and the Buffalo Planning Board; and
NOW, THEREFORE, IT IS RESOLVED, That the Buffalo Common Council is requesting the City of Buffalo take Lead
Agency Status; and it is further
RESOLVED, That upon approval of this Resolution, the appropriate City of Buffalo office will circulate the required Lead
Agency request to the involved agencies for ratification.
PASSED.
AYES -9. NOES -0.
NO. 167
By: Mr. Golombek
APPROVING THE CITY'S DRAFT LOCAL WATERFRONT REVITALIZATION PROGRAM AND AUTHORIZING IT'S
SUBMISSION TO THE NEW YORK STATE DEPARTMENT OF STATE
WHEREAS, the City of Buffalo initiated preparation of a Local Waterfront Revitalization Program in cooperation with the
New York State Department of State in accordance with the provisions of Executive Law, Article 42; and
WHEREAS, the Draft Local Waterfront Revitalization Program (LWRP) has been prepared under the guidance of the City,
with consultant planning services provided by Wendel Duchscherer; and
WHEREAS, the City of Buffalo Common Council, as lead agency, has prepared and evaluated an Environmental
Assessment Form concerning the action of adopting the LWRP in accordance with the requirements of the State
Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the New York State
Environmental Conservation Law, and determined that there will be no anticipated adverse impacts upon natural,
institutional, economic, developmental, and social resources of the City, and have, therefore, prepared and filed a
Negative Declaration;
NOW, THEREFORE, BE IT RESOLVED, that the Draft Local Waterfront Revitalization Program for the City of Buffalo is
approved by the Common Council and shall be submitted to the New York State Department of State for its review by
State, federal, and regional agencies pursuant to the provisions of Article 42 of the NYS Executive Law.
PASSED.
AYES -9. NOES -0.
By: Mr. Golombek
NO. 168
ORDINANCE AMENDMENT
CHAPTER 437, TAXICABS AND LIVERIES
The Common Council of the City of Buffalo does hereby ordain as follows: That the Code of the City of Buffalo be
amended to read as follows:
§437 -19 Taxi stands.
A. The following are hereby designated
as places where taxicabs may stand while awaiting employment:
Name of Street Side
Location and Restrictions Number of Cabs
Pearl St. East
Between a point 310' north of 3
W. Chippewa Street (St. Lt. 433)
and a point 50' north therefrom.
Franklin Street East
Between a point 210' north of 3
Court Street and a point 60' south
therefrom (in existing "No Parking"
zone during Convention Center events only.
It is hereby certified, pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the
foregoing ordinance is necessary.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Matter strike through is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE
ON LEGISLATION.
NO. 169
By: Mr. Golombek and Mr. Franczyk
THE REDEVELOPMENT OF SURFACE PARKING LOTS AND VACANT LOTS
Whereas: The City of Buffalo and BURA own numerous unimproved lots throughout the city, many of which have been
converted to be surface parking lots; and
Whereas: The unimproved lots, besides being unsightly and many times illegal dumping grounds, generate little or no tax
revenue, while lots converted for surface parking generate slightly more tax revenue. Experience has shown that they
tend to be a disincentive to redevelopment since expenses are minimal and parking receipts are almost pure profit; and
Whereas: Many of these sites could easily be redeveloped for mixed -use, office, residential, or retail development;
thereby growing and improving the immediate area, creating jobs and generating new tax revenues; and
Whereas: Recently, downtown Buffalo has seen many projects started. The Life Insurance Building on Main and
Chippewa, the Federal Office Building on Elmwood, and the Blue Cross /Health Now Building on West Genesee Street
were all former surface parking lots. Other projects proposed or on the drawing board include Bass Pro, the downtown
Casino, and the conversion of many building to lofts and apartments.
Whereas: These projects will greatly benefit the surrounding areas, add to the tax base and hopefully spur further
redevelopment; and should serve as a catalyst to actively and aggressively market all other lots and
Whereas: Surface parking lots filled with automobiles do not encourage pedestrian traffic, nor do they promote the urban
living experience, and some would argue that adequate parking space currently exists; and
Now, Therefore, Be It Resolved:
In order to preserve the historical heritage and protect the urban living experience of the area, that this Common Council
calls for an immediate moratorium on the approval of demolitions to create new surface parking areas; and
Be it Further Resolved:
That this Honorable Body does hereby go on record supporting the City of Buffalo's active marketing of all city -owned
surface parking lots for development; and
Be it Further Resolved:
That the City Planning Board and Strategic Planning submit to this Common Council its plan for marketing city owned lots
for future development and a return to the city tax rolls; and
Be it Further Resolved:
That in lieu of creating additional unimproved surface parking lots under the guise of preparing a shovel -ready site, that
such lots be required to be maintained as greenspace pending the start of redevelopment and /or reconstruction; and
Be it Further Resolved:
That the City Clerk of the City of Buffalo send certified copies of this resolution to the City Planning Board, Strategic
Planning, Permits & Inspections, BURA, the Corporation Counsel, and Department of Public Works for their comments
and response.
PASSED.
AYES -9. NOES -0.
NO. 170
By: Mr. Golombek
Co- Sponsor: Mr. Coppola
TRAILBLAZING SIGNAGE FOR PETER STREET AS 'WILLIAM "BILL" LEISCK WAY"
Whereas: William "Bill" Leisck was a City of Buffalo Building Inspector, an active committee member of the 21 st
Democratic Zone and President of Polish Cadets of Buffalo; and
Whereas: Bill Leisck and his family have resided on Peter Street and in the Black Rock area of Buffalo for many years;
and
Whereas: Sadly, Bill Leisck lost his fight with a terrible disease and passed away on July 19, 2005; and
Whereas: This is a fitting tribute to a great man who has dedicated his life to helping others and promoting the Black Rock
Community; and
Now, Therefore Be It Resolved: That the Common Council of the City of Buffalo approves the installation of a trailblazing
sign proclaiming the dead end block of Peter Street as 'William "Bill" Leisck Way "; and
Be It Finally Resolved: That this Common Council requests that the Department of Public Works to install a trailblazing
sign which will read "William "Bill" Leisck Way" at the corner of Peter and Amherst Streets.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS.
NO. 171
By: Mr. Thompson
ORDINANCE AMENDMENT
CHAPTER 28 -65, COLLECTIONS OF TAXES BY CITY TREASURER
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 28 -65 of the Code of the City of Buffalo be amended to read as follows:
28 -65, Taxes and Assessments When Payable
For each fiscal year, the City Treasurer shall, on the first business day of July, proceed to collect taxes from all the
persons named in the annual tax rolls, and shall give notice by publication in the official papers that all taxes are due
during the month of July, and shall be payable as provided therein.
All taxes may be paid, without interest or penalty, before July 31. Alternatively, at the option of the taxpayer, taxes may be
paid in four substantially equal amounts, the first of which shall be payable on or before July 31, and the second, third,
and fourth of which may be deferred and paid on or before September 30, January 31, and March 31, respectively. If paid
on or before such dates, the first $500 of each deferred amount may be paid without interest, and the balance of the
amount shall be paid with interest equal to 1 % per month from July 31 until the date of payment. If paid after such dates,
such amounts shall be paid with interest equal to 1 % per month from July 31 until the deferred payment date, plus 1 Y2%
per month from the deferred payment date until the date of actual payment.
Direct assessments, delinquent assessments, water rents and other charges inserted for collection in the tax rolls shall be
payable on or before July 31, and shall accrue interest equal to IM% per month if not paid by that date.
The City Treasurer may, in his discretion, accept partial payments of taxes, assessments and charges, provided that any
such payment includes any interest and penalties which have accrued on such taxes, assessments or charges.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, COMMISSIONER OF
ASSESSMENT AND TAXATION, COMPTROLLER, AND COMMISSIONER OF ASSESSMENT /TAXATION.
NO. 172
By: Mr. Thompson
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2006,
conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Ronald A. Canestro
Total: 1
ADOPTED.
NO. 173
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
The Council will now begin its recess until they reconvene on September 6, 2005 at 2:00 o'clock P.M.
The next Committee meetings will commence on September 13, 2005 at 9:30 o'clock A.M. beginning with the Civil Service
Committee.
Special Committees
Bi- National Bridge Subcommittee Thursday, July 28, 2005 at 2:00 o'clock P.M. in Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairman of
Council Committees. In the event that there is sufficient time given for notification, it will be provided. In
addition, there may be meetings set up whereby the City Clerk's Office is not made aware; therefore, unless
we receive notice from the respective Chairmen, we can only make notification of what we are made aware.
NO. 174
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 4:25 p.m.
GERALD CHWALINSKI
CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #7
OFFICE OF THE MAYOR -201 CITY HALL JULY 21, 2005
Present:; Anthony M. Masiello, Mayor; David A. Franczyk, Council President; Darby Fishkin, Deputy Comptroller, Michael
Risman, Corporation Counsel -4 The Journal of the last meeting was approved.
NO. 1
1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of July 2005 amounting to $5,610.00 and
request that checks be drawn to the order of the persons named herein for the amounts stated.
Adopted
Ayes -4. Noes -0.
NO. 2
1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of July 2005 amounting to $6,565.00.
and request that checks be drawn to the order of the persons named herein for the amounts stated.
Adopted.
Ayes -4. Noes -0.
NO. 3
Mr. Masiello made a motion to approve the authorization of the August 2005 Police and Fire Pension Payrolls.
Adopted.
NO. 4
On motion by Mr. Masiello, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:15 a.m.