HomeMy WebLinkAbout06-0221-SSCOMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 21, 2006
SPECIAL SESSION
FEBRUARY 14, 2006
February 23, 2006
FIRE AND POLICE PENSION
FEBRUARY 16, 2006
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
NIAGARA DISTRICT
DOMINIC J. BONIFACIO JR
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEKJR. - NORTH
MICHAEL P. KEARNS - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana -
Members
CLAIMS COMMITTEE: Michael Kearns 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.,Michael Kearns, 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
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. -
Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell Members
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, FEBRUARY 21, 2006
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the Council, and and Council Members Bonifacio, Coppola, Davis,
Fontana, Golombek, Kearns, Russell and Thompson — 9.
ABSENT- None
On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on January 24, 2006
were approved.
FROM THE MAYOR
NO. 1
APPOINTMENT OF MEMBERS TO THE
BUFFALO MUNICIPAL HOUSING AUTHORITY
Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby appoint the following
individuals to the Buffalo Municipal Housing Authority Board of Commissioners, commencing immediately:
Michael A. Seaman 119 Frontenac Avenue Buffalo, 14216
Ronald Brown 2406 Main Street, Apt. B Buffalo, 14220
Hal D. Payne 1119 Delaware Avenue Buffalo, 14209
Betty Calvo- Torres 112 Franklin Street Buffalo, 14202
Who shall serve the unexpired terms of the following former Commissioners:
Thomas P. Higgins
Robert A. Gianadda, D.D.S. Matthew Brown
Sherrill Coiston
I hereby certify that the above -named individuals are fully qualified to serve as members of the Buffalo Municipal Housing
Authority. The resumes of the above -named appointees are attached hereto for this Honorable Body's review.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF COLLECTIONS
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 2
CITY PLANNING BOARD FINDINGS GENESEE VILLAGE RENEWAL PLAN URBAN RENEWAL PLAN
We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 502, 504 and 505,
Article 15 of the General Municipal Law of New York State, do this 14th Day of February, 2006 adopt the following finding
statement :
WHEREAS, the Common Council of the City of Buffalo designated the Genesee Village Redevelopment Project Area, consisting
generally of all that tract of land situated in the City of Buffalo within the area generally bounded by the centerlines of Oak Street
on the east, East Huron Street on the south, Ellicott Street on the west, and Tupper Street on the north as substandard, with
vacant deteriorating buildings and underutilized sites and conditions. This blighting area which tends to impair and arrest the
sound growth and development of the municipality, was designated the Project Area and being appropriate for urban renewal
treatment on March 30, 2004, C.C.P. No. 106; and
WHEREAS, the Genesee Village Project Area was once a vital commercial and light industrial area with significant numbers of
businesses providing employment adjacent to the downtown area. Over the years, businesses have abandoned the area, leaving
a large stock of vacant and derelict properties. Many commercial and warehouse buildings were demolished and the properties
converted to surface parking. Other structures remain as vacant, underutilized buildings. Several of these structures are in
severely deteriorating conditions, creating a public health and safety hazard, and having a negative effect on the surrounding area
in terms of property values, economic vitality and stability of the area. The presence of these buildings has undermined private
sector initiatives for redevelopment of buildings within the area for residential and mixed use. It is in the City's interest, for health,
safety, economic stability and increased property values, to direct the redevelopment of properties in the Project Area in order to
support and encourage existing revitalization efforts and to promote additional investments in the area; and
WHEREAS, the Genesee Village Project Area is located at a critical, visible location, Situated at the western terminus of the
Kensington Expressway, it operates as a Gateway to the downtown area. The presence of blighting conditions at this prominent
location has a depressing effect on revitalization efforts throughout the downtown area, underscoring the urgency of addressing
blighting influences within the Project Area; and
WHEREAS, private sector investment and redevelopment has begun to occur in the Project Area. It is important that strategic
investments and improvements support and promote this activity. However, market forces alone are insufficient to revitalize the
Project Area consistent with the City's goals and objectives, which foresee infill development and the revitalization of historic
structures. Without public sector incentives and supports, there is the danger that there will be additional demolitions and
conversion of properties to surface parking. Deteriorated, historic properties, which are difficult and expensive to renovate, are at
risk of demolition. Unplanned development will not provide the level of amenities, pedestrian improvements and other features
that support the City's goals for the area as a gateway to downtown, and as a vital "urban village" with shopping, housing and
employment opportunities; and
WHEREAS, the City's Comprehensive Plan and the Regional Action Plan for Downtown Buffalo both have identified the Genesee
Village Project Area as a high priority, naming it one of four priority investment areas. It is important for the vitality of the City of
Buffalo and its
downtown in particular, that the Genesee Village Urban Renewal Area have the benefit of an Urban Renewal Plan to direct and
guide reinvestment and redevelopment efforts in this area. Accordingly, the City's Office of Strategic Planning, in cooperation with
the Buffalo Urban Renewal Agency and the Buffalo Economic Revitalization Corporation, proposes to establish a long -term,
comprehensive renewal program for the Genesee Village Project Area. This program will assist in the elimination of existing signs
of blight and substandard conditions within the Project Area; and
WHEREAS, the Genesee Village Urban Renewal Plan will identify sites for acquisition and site assembly, priority investment and
provide recommendations for proposed land uses to guide redevelopment efforts. The Project Area will be redeveloped as a
mixed -use area, with residential, retail, offices, and other commercial uses. The focus will be on the renovation and conversion of
existing buildings to new, mixed -uses, with residential units included as loft units in former commercial buildings, or as upper story
uses. The Plan also identifies design standards and public amenities needed to support the urban housing market and improve
the pedestrian environment; and
WHEREAS, the plan will generate new private and public investment within the Project Area, assist in the preservation and
restoration of existing historic resources, and improve the vitality, appearance and character of the area. This effort will lead to
increased investment, new businesses and increased employment opportunities. It will also strengthen the City's downtown
housing base, which is an important priority for the revitalization of downtown Buffalo; and
WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on
January 31, 2006 at 8:00 a.m., at which hearing the proposed Genesee Village Urban Renewal Plan was presented and
explained in detail, and those desiring to be heard were heard,
NOW, THEREFORE, BE IT RESOLVED, that, we the duly appointed members of the City Planning Board of and for the City of
Buffalo, do hereby report for the Genesee Village Urban Renewal Plan the following findings;
1. Proposed land uses have been identified in the project description;
2.Acquisition is proposed, at this time, in a phasing manner through an acquisition plan and may be part of future acquisition, or
infrastructure improvements, and demolition of structures will be looked at on an individual basis and only considered as part of
an expansion or new development proposal that would involve new structures;
3.Any financial aid to the Municipally, from any source, that may be necessary to enable the project be undertaken in accordance
with the plan;
4. If any relocation is necessary the City shall follow established Federal Relocation guidelines for residential and commercial
relocations;
5. There is no proposed acquisition of air rights with this amendment;
6. Customary urban renewal methods and techniques are being used to carry out this plan
amendment;
7. Studies will required prior to any new public, semi - public, private or communities or utilities installations;
8. This plan amendment does not repeal or institute any existing codes or ordinances;
9.This Plan allows for code enforcement efforts already identified within the City's Strategic Investment Corridors and
Comprehensive Code Enforcement Program;
10. The duration of the Genesee Village Urban Renewal Plan shall be in effect until 2016; and
BE IT FURTHER RESOLVED, the proposed Genesee Village Urban Renewal Plan generally conforms to the comprehensive
plan for the development of the community as a whole and is consistent with local objectives as determined by the City Planning
Board; and
BE IT FURTHER RESOLVED, that, the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15,
Article 15 of the General Municipal Law, that the office preparing an Urban Renewal Plan 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 public hearing.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 3
RESOLUTION OF THE CITY OF BUFFALO PLANNING BOARD PURSUANT TO
THE STATE ENVIRONMENTAL QUALITY REVIEW ACT CONCERNING
THE DETERMINATION OF SIGNIFICANCE
FOR
THE NEW ERA CENTRE
160 DELAWARE AVENUE
Project Description: New Era Cap Company, Inc. ( "New Era ") proposes to renovate the interior of the former Federal
Reserve Bank building in Downtown Buffalo into its new global headquarters which will be relocated from Evans, New York and to
construct a three story glass atrium addition with handicap accessible entrance and access improvements at the front of the
building along Delaware Avenue ( "Project "). The Project also includes a small retail store (approximately 1,383 square feet) in the
renovated building to display and sell New Era products to the public. In addition, a new pull off area will be constructed in front of
the building on Delaware Avenue to facilitate visitor drop -offs and pick -ups. A new access door with wheelchair ramp will be
added on the Elmwood Avenue side of the building and a rooftop dining area will be expanded with additional landscaping
planters. Finally, New Era plans to add some pedestrian scaled decorative lighting along Elmwood Avenue, beautifying the
sidewalk along the west side of the site. The Mohawk Street, Huron Street and Elmwood Avenue sides of the building will
otherwise remain unchanged, In addition, New Era owns 6 properties in the Town of Evans, New York, at which it operates a
manufacturing facility and where its current headquarters are located. These properties are located at 8061 -8119 Erie Road and,
along with a parking lot across Erie Road from these properties, constitute New Era's operations in Evans, New York (collectively,
"Evans Property "). As part of the Project, New Era has requested that the Delaware Avenue property, together with the Evans
Property, be designated as a "Regionally Significant Project" under Article 18 -B of the General Municipal Law.
Location: Property "). 160 Delaware Avenue, City of Buffalo, Erie County ( "Delaware
SEQR Status: Type I XX Unlisted
Determination of Significance: Negative Declaration XX Positive Declaration
WHEREAS, on January 27, 2006, New Era submitted a letter of intent with supporting documentation ( "Letter of Intent ") to the
City of Buffalo Planning Board ( "Planning Board ") requesting site plan approval for the Project;
WHEREAS, the Planning Board has broad authority over the Project with discretion to approve or disapprove the site plans or to
impose appropriate conditions including any conditions necessary to mitigate any potentially adverse environmental impacts
associated with the Project;
WHEREAS, at its regular meeting on February 14, 2006, the Planning Board held a public hearing on the Project;
WHEREAS, the Project is considered a Type 1 Action pursuant to Section 168- 4(B)(7)(c) of the City Charter and Code ( "Code ")
and Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set
forth at Part 617 of Title 6 of the New York Code of Rules and Regulations (collectively referred to as "SEAR ") because, while the
Project is not in an historic district, the City has designated the area northeast of the Delaware Avenue property (west of Elmwood
Avenue and north of Huron Street) as the West Village Historic District;
WHEREAS, Section 168- 7(A)(1 ) of the Code provides that the Planning Board is automatically designated the Lead Agency
because the Project requires site plan review;
WHEREAS, the Planning Board, undertaking a coordinated SEQR process, has circulated copies of the Letter of Intent with all
Exhibits including the accompanying Full Environmental Assessment Form ( "EAF ") to the City of Buffalo Common Council, the
City of Buffalo Department of Public Works, the City of Buffalo Preservation Board, the Erie County Department of Environment
and Planning, the Erie County Industrial Development Agency and the Empire State Development Corporation;
WHEREAS, to the extent required, all interested and involved agencies have consented to the Planning Board acting as lead
agency for purposes of SEAR;
WHEREAS, the Planning Board has carefully considered the full scope of the Project having reviewed and considered the entire
record and proceedings relating to the Project including the EAF, the Letter of Intent and all supporting exhibits thereto, relevant
additional documentation, and having considered the comments and points of view of the public;
WHEREAS, a thorough analysis of the potential environmental impacts reveals that, where necessary, all adverse impacts have
been mitigated to the greatest extent possible by the design of the Project and that none of these impacts will be significant; and
WHEREAS, it is appropriate that the Planning Board issue a negative declaration for the Project.
NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING BOARD MAKES THE FOLLOWING FINDINGS OF FACT:
1. The former Federal Reserve Bank building is a vacant structure in a well - developed section of Downtown Buffalo. This
structure has been part of the urban fabric of Downtown for almost 50 years. Moreover, the proposed use is permitted as of right
and is highly consistent with past uses at the Site as well as with current surrounding uses. Thus, the Project wil not adversely
impact community character and is an appropriate land use for the Delaware Avenue property.
2. There are no surface water bodies in or adjacent to the Delaware Avenue property or on any adjacent properties.
3. The only storm water discharges from the Project are those typically associated with rainwater and snow -melt runoff. Such
discharges will be virtually identical to existing volumes of storm water discharge from the Delaware Avenue property and will be
discharged to the City's municipal server system.
4. From an aesthetic standpoint, the only changes to the building are on the Delaware Avenue side. The proposed atrium is
appropriate and consistent with the aesthetics of surrounding buildings on Delaware Avenue. Thus, the Project will not have a
significant impact upon aesthetic resources.
5. There will be no significant air emissions from the Project and no air pollution permits will be required from local, state or
federal authorities.
6. The Project will not generate significant volumes of refuse and there is more than sufficient land fill capacity in Western New
York to accommodate the waste to be generated by the Project.
7. Due to the Delaware Avenue property's urban nature (the site, as well as the surrounding area, has been developed and
used for residential, commercial and industrial purposes for well over the last century)there is minimal vegetation and wildlife at
the Delaware Avenue property. There are no threatened, endangered, or other species of special concern, rare plant, animal or
natural communities, or other significant habitats present at the Delaware Avenue property.
8. The Project will have no impact upon cultural resources in or eligible for inclusion in the State or National Register of Historic
Places and will in no way impact the West Village Historic District. In addition, the Project does not involve subsurface ground
work and, thus, will not impact any potential archaeological resources.
9. The Project will not significantly impact vehicular traffic levels around the Delaware Avenue property. In addition, the pull off
area to be constructed on the Delaware Avenue side of the building will allow rush hour pickups and drop -offs without impeding
traffic flow. In addition, the pull -off has been designed in an aesthetically pleasing manner that minimizes conflicts with pedestrian
traffic flow. Accordingly, the Project will not adversely impact vehicle or pedestrian traffic.
10. The Project will not result in a significant increase in the use of electricity or natural gas.
11. The existing noise environment for the Delaware Avenue property and surrounding area is generally characterized by
commercial urban use. During renovation activities, the Project may temporarily generate noise that exceeds background levels.
However, any increase in noise levels will be associated with short -term construction activities which will take place during
daylight working hours when noise sensitivity is lowest, particularly in this area of the central urban core.
12. There will no significant odors associated with the Project.
13. The Project will not require any extensive changes in levels of service from community resources or facilities or adversely
impact local public safety services, such as police and fire protection.
14. Considering all of the above, the Project will not have a significant adverse impact upon the environment and a negative
declaration pursuant to SEQR is hereby issued.
15. This Negative Declaration has been prepared in accordance with the requirements of SEQR (Article 8 of the Environmental
Conservation Law).
Supporting Documentation:
1. Letter of Intent from Phillips, Lytle LLP on behalf of New Era Cap Company, Inc., dated January 26, 2005 including all exhibits
attached thereto.
2. Supplement to Letter of Intent from Phillips Lytle LLP dated February 10, 2006 including all exhibits attached thereto.
This Resolution was adopted by a majority vote of the Planning Board on February 14, 2006 and shall serve as the Negative
Declaration (as defined in 6 NYCRR 617.2(y)) for the Project and is issued by the Planning Board, acting as lead agency, in a
coordinated environmental impact review pursuant to SEAR. Copies of this resolution shall be filed with the following:
(1) The Mayor of the City of Buffalo;
(2) The Planning Board;
(3) The invested and involved agencies including the City of Buffalo Common Council; the City of Buffalo Department of
Public Works; the City of Buffalo Preservation Board; the Erie County Department of Environment and Planning; the Erie County
Industrial Development Agency; and the Empire State Development Corporation; and
(4) New Era Cap Company, Inc.
In addition a notice of this Negative Declaration shall be filed in the Environmental Notice Bulletin ( "ENB ").
For Further Information Contact:
The City of Buffalo Planning Board
c/o Martin Grunzweig Land Use Control Coordinator
Room 901 City Hall
Buffalo, New York
716 - 851 -5085
Mr. Bonifacio moved:
That the communication from the City of Buffalo Planning Board, dated
February 16, 2006be received and filed; and
That the Common Council does hereby adopt the Negative Declaration for New Era Centre, 160 Delaware Avenue.
ADOPTED.
FROM THE PRESERVATION BOARD
NO. 4
"DEMOLITION BY NEGLECT (LAW)" ( #26 CCP JAN. 24, 2006)
Building Code Violations:
-The Buffalo Preservation Board concurs with the proposed $1,000 a day fine.
Housing Code Violations:
-The Buffalo Preservation Board concurs with the proposed fine for the first violation.
-The Board feels that the three -year hiatus for the second offense is far far too long. Those three years allow for significant
deterioration to occur. We would recommend 90 to 180 days.
- Again, the Board feels the third offense three -year period is way too long. The building could have collapsed in that time period.
We (the Board) believe that all repairs should be made within one year of the first citation. Not to enforce a tough and rigorous
inspection program will only lead to more demolitions by neglect.
Historic District & Landmark Violations:
-The Buffalo Preservation Board has not experienced a problem with violations occurring within districts or to local landmarks
other than demolition by neglect. For instance, the Schmidt Building was lost through intentional owner neglect. The Webb
Building was almost lost through neglect. -The fines proposed in the above cases along with shortening the periods between the
first and second and the second and third violations could be helpful in preventing demolition by neglect.
A Better Solution to the Problem of Demolition by Neglect
The only way to stop Demolitions by Neglect is to assure that owners make repairs to their properties with some rapidity after they
are cited in Housing Court the first time. The initial fine ought to be considered a down payment on the required work.
If the work does not commence within 90 days, then the City of Buffalo needs either to undertake the required repairs or to
stabilize the building so that further deterioration does not occur. Ultimately, the costs could be charged back to the owner of
record.
The City needs to establish a fund to undertake this initiative perhaps through Block Grant monies or HUD grants. But, certainly
stopping demolitions by neglect is far more cost effective than demolishing hundreds of buildings every year.
The City could set up contracts with say five construction firms who would charge based on unit prices. Each contractor would
only be permitted to do a limited dollar amount of work annually. The Federal Government does a lot of small projects this way.
In the end, buildings would be saved because they were taken care of.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 6
OAK STREET URBAN RENEWAL PLAN
ADDITIONAL SITE DESIGNATION AND PLAN AMENDMENT
PLANNING BOARD REPORT AND RECOMMENDATION
The City Planning Board at its meeting of February 14, 2006 reviewed the Oak Street Urban Renewal Plan Amendment and
adopted the Negative Declaration issued by the Buffalo Urban Renewal Agency on November 23, 2005 is reporting the following
to the Common Council:
We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 504, Article 15 of the
General Municipal Law of New York State, do this 16th Day of February, 2006 report the following Resolution:
WHEREAS, the Oak Street Redevelopment Project Urban Renewal Plan provides for the systematic, long term, revitalization of
the Project Area; and
WHEREAS, the proposed Additional Site Designation area will aid in the stabilization of local real property values and local
property tax rolls, and will provide a framework for public and private reinvestment within the area; and
WHEREAS, the Common Council of the City of Buffalo designated the Oak Street Redevelopment Project Area, consisting
generally of all that tract of land situated in the City of Buffalo within the area generally bounded by Best Street on the north,
Michigan /Masten on the east, Main Street on the west and Goodell Street on the south as a substandard, insanitary area which
tends to impair and arrest the sound growth and development of the municipality, and designated the Project Area as being
appropriate for urban renewal treatment on May 5, 1970, C.C.P. No. 170; and
WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City Hall on
January 17, 2006 at 8:00 a.m., at which hearing the proposed Additional Site Designation and Urban Renewal Plan Amendment
was presented and explained in detail, and those desiring to be heard were heard,
WHEREAS, the Oak Street Redevelopment Project Urban Renewal Plan provides for the systematic, long term, revitalization of
the Project Area; and
WHEREAS, the proposed Additional Site Designation area will aid in the stabilization of local real property values and local
property tax rolls, and will provide a framework for public and private reinvestment within the area; and
WHEREAS, the Buffalo Urban Renewal Agency as SEQR Lead Agency issued a Negative Declaration on the Proposed
Additional Site Designation and Urban Renewal Plan Amendment; and
WHEREAS, that the SEQR Negative Declaration has been filed with the Common Council;
NOW, THEREFORE, BE IT RESOLVED, that, we the duly appointed members of the City Planning Board of and for the City of
Buffalo, do hereby report for the proposed Additional Site Designation and Oak Street Urban Renewal Plan Amendment the
following findings;
1. Proposed land uses have been identified in the project description;
2. No additional acquisition is proposed, at this time, although the parcels identified in the additional site designation area may be
part of future acquisition, or infrastructure improvements, and demolition of structures will be looked at on an individual basis and
only considered as part of an expansion or new development proposal that would involve new structures or the relocation of
structures;
3.Any financial aid to the Municipally, from any source, that may be necessary to enable the project be undertaken in accordance
with the plan;
4. If any relocation is necessary the City shall follow established Federal Relocation guidelines for residential and commercial
relocations;
5. There is no proposed acquisition of air rights with this Amendment;
6. Customary urban renewal methods and techniques are being used to carry out this Plan Amendment;
7. Studies will required prior to any new public, semi - public, private or communities or utilities installations;
8. This Plan Amendment does not repeal or institute any existing codes or ordinances;
9. This Plan Amendment allows for code enforcement efforts already identified within the City's Strategic Investment Corridors and
Comprehensive Code Enforcement Program;
10. This Plan Amendment extends the duration of the Oak Street Urban Renewal Plan until May 2016; and
BE IT FURTHER RESOLVED, the proposed Additional Site Designation Area and Urban Renewal Plan Amendment generally
conforms to the Comprehensive Plan for the development of the community as a whole and is consistent with local objectives as
determined by the City Planning Board; and
BE IT FURTHER RESOLVED, that, the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15, Article
15 of the General Municipal Law, that the office preparing an Urban Renewal Plan must submit the proposed Plan to the City
Planning Board for a recommendation to be submitted to the Common Council and that the Common Council hold a public
hearing four (4) weeks after the Planning Board public hearing; and
BE IT FURTHER RESOLVED, that, the City Planning Board accepted and approved the BURA Negative Declaration and gave its
Unqualified Approval of the Oak Street Additional Site Designation and Urban Renewal Plan Amendment recommend that the
Common Council accept and adopt the BURA Negative Declaration and adopt the Planning Board findings; and
BE IT FURTHER RESOLVED, that the Common Council adopt and approve the Oak Street Additional Site Designation and
Urban Renewal Amendment.
AYES: Hoyt, Schwartz, Bums, Morrell, Manuele ABSENT: Goia, Lyons
Mr. Bonifacio moved:
That the communication from the City of Buffalo Planning Board, dated February 16, 2006be received and filed; and
That the Common Council does hereby adopt the Buffalo Urban Renewal Agency's Negative Declaration and approves the
additional site Designation and Plan Amendment as submitted by the City of Buffalo Planning Board for the Oak Street Urban
Renewal Plan.
PASSED
AYES - 9 NOES -0
NO. 6
REFUND DEPOSIT
PURCHASE 42 SOUTH PONTIAC
ITEM #13, C.C.P. 1/21/03
In the above referenced item Your Honorable Body authorized the sale of a City owned vacant lot at 42 South Pontiac to Mr.
Michael Cacciatore and Mrs. Stephanie Cacciatore, 1234 Bailey Avenue, Buffalo, New York 14206, for the sales price of Eight
Thousand Dollars ($8,000). The purpose for the purchase was to construct a new home. The sale was contingent upon purchaser
obtaining a building permit for the construction of a single family home.
Mr. and Mrs. Cacciatore are requesting a refund of their deposit, since they were unable to obtain a building permit that allows for
construction of a single family home with a basement. In light of the circumstance, they are requesting that the sale be rescinded
and the deposit amount of Eight Hundred Dollars ($800.) be refunded.
I am recommending that Your Honorable Body approve the rescission of the sale, transfer of the parcel back to the City, and
refund the deposit of Eight Hundred Dollars ($800.) to Mr. and Mrs. Cacciatore.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 15, 2006, be
received and filed; and
That the Common Council approve the rescission of the sale of 42 South Pontiac, transfer of the parcel back to the City, and
refund the deposit of Eight Hundred Dollars ($800.00) to Mr. and Mrs. Michael Cacciatore of 1234 Bailey Avenue.
PASSED
AYES - 9 NOES -0
NO. 7
RESPONSE -TURN 667 KENSINGTON
INTO PARKING LOT
ITEM #131, C.C.P. 2/7/06
The above resolution has been referred to the Office of Strategic Planning for a response. The item, if approved, requests the
Office of Strategic Planning to acquire 667 Kensington from the Buffalo Water Board. The purpose of the purchase is to provide
parking for the Early Childhood Center P.S. #61.
This office has been in contact with Public Works Commissioner Joseph Giambra who is a member of the Buffalo Water Board.
He does not recommend the sale of the property, since there are underground water lines throughout the property. The Buffalo
Water Board may be agreeable to lease any portion of the properly that does not involve underground water lines.
Should the Common Council and the Buffalo Water Board agree on terms of a lease, I would recommend that the Corporation be
authorized to prepare the necessary agreement to be executed by the Mayor and Chairman of the Buffalo Water Board.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 8
RESULTS OF NEGOTIATIONS
1073 BROADWAY, 62.52' E SEARS
VACANT PARCEL: 31'X 118'
ASSESSED VALUATION: $2,700
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 1073 Broadway from the Matt Urban
Human Service Center (Polish Community Center), Marlies Wesolowski, Executive Director, 1081 Broadway, Buffalo, New York
14212. The Service Center intends to use the vacant lot for a day care playground area.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no
building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from forty
cents ($ .40) to one dollar ($1.00), per square foot.
The results of our negotiations are that the Service Center has agreed and is prepared to pay one thousand eight hundred dollars
($1,800), fifty cents ($ .50) per square foot. They have also agreed to pay for the cost of the transfer tax, recording fees and cost
of the legal description.
I am recommending that Your Honorable Body approve the sale of 1073 Broadway to Matt Urban Human Service Center (Polish
Community Center) for the amount of one thousand eight hundred dollars ($1,800). 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. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 16, 2006, be
received and filed; and
That the offer from Matt Urban Human Service Center (Polish Community Center), Marlies Wesolowski, Executive Director, of
1081 Broadway, in the sum of one thousand and eight hundred dollars ($1,800.00) for the purchase of 1073 Broadway, 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. 9
RESULTS OF NEGOTIATIONS
79 GATCHELL, 65' N PULLMAN
LOT SIZE: 30'X 110
ASSESSED VALUATION: LAND $2,300
TOTAL 15,000
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 79 Gatchell from Mr. Ella
Agkavanakis, 19 Argyle Avenue, Amherst, New York 14226. He intends to make repairs in the amount of four thousand two
hundred dollars ($4,200), in order to bring 79 Gatchell into code compliance and use as a rental income.
The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate
79 Gatchell. This structure is a 1 1/2 story two family with 1,506 square feet of living area situated on a lot 30' x 110', acquired by
the City of Buffalo through tax foreclosure in 2002.
The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There are no
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 property in the subject area. Sales prices range from One Dollar
and Fifty Cents ($1.50) to Eight Dollars and Fifty -Three Cents ($8.53) per square foot of living area.
The results of our negotiations are that Mr. Agkavanakis has agreed and is prepared to pay Four Thousand Five Hundred Dollars
($4,500.), Three Dollars ($3.00) per square foot of living area. He has also agreed to pay for the cost of transfer tax, recording
fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
79 Gatchell to Mr. Elias Agkavanakis in the amount of Four Thousand Five Hundred Dollars ($4,500). 1 am further recommending
that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 10
RESULTS OF NEGOTIATIONS
90 PULLMAN, E COR. GATCHELL LOT SIZE: 83'X 65'
ASSESSED VALUATION: LAND $2,300
TOTAL $15,000
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 90 Pullman from Mr. Ella
Agkavanakis, 19 Argyle Avenue, Amherst, New York 14226. He intends to make repairs in the amount of seven thousand dollars
($7,000), in order to bring 90 Pullman into code compliance and use as a rental income.
The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and rehabilitate
90 Pullman. This structure is a 1 V2 story single with 931 square feet of living area situated on a lot 83' x 65', acquired by the City
of Buffalo through tax foreclosure in 2002.
The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There are no
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 property in the subject area. Sales prices range from One Dollar
and Fifty Cents ($1.50) to Eight Dollars and Fifty -Three Cents ($8.53) per square foot of living area.
The results of our negotiations are that Mr. Agkavanakis has agreed and is prepared to pay One Thousand Five Hundred Dollars
($1,500.), One Dollar and Sixty One Cents ($1.61) per square foot of living area. He has also agreed to pay for the cost of
transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
90 Pullman to Mr. Elias Agkavanakis in the amount of One Thousand Five Hundred Dollars ($1,500). 1 am further recommending
that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 11
RESULTS OF NEGOTIATIONS
55 YORK, 125.66 NE PLYMOUTH
LOT SIZE: 26'X 100'
ASSESSED VALUATION: $2,600.
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase the vacant lot at 55 York Street
from Mr. Stephen Liberti, 1071 Amherst Street, Buffalo, New York 14216. Mr. Liberti owns a three family rental property at 59
York Street. He intends to use the vacant lot for additional yard space for his tenants.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no
outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales prices range from
Sixty -Five Cents ($.65) to One Dollar and Twenty -Five Cents ($1.25), per square foot.
The results of our negotiations are that Mr. Liberti is prepared to pay Two Thousand Five Hundred Dollars ($2,500), One Dollar
($1.00) per square foot, for the vacant parcel. Mr. Liberti has also agreed to pay for the cost of the transfer tax, recording fees and
cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 55 York Street to Mr. Stephen Liberti in the amount of Two
Thousand Five Hundred Dollars ($2,500). 1 am further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 15, 2006, be
received and filed; and
That the offer from Mr. Stephen Liberti, residing at 1071 Amherst Street, in the sum of two thousand and five hundred dollars
($2,500.00) for the purchase of 55 York Street, 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. 12
SEQR NEGATIVE DECLARATION
A.D. PRICE HOUSING REDEVELOPMENT
Please be advised, prior to the implementation of the above - referenced project, the requirements of the New York State
Environmental Quality Review Act (SEAR) must be satisfied.
The project, as defined under SEAR, is an "Ulisted Action ". A coordinated review has been completed by the Buffalo Urban
Renewal Agency (BURA), the Lead Agency responsible for determining the effect of the action on the environment. BURA has
determined that the project will not have a significant adverse effect on the environment, and an Environmental Impact Statement
will not be prepared. In accordance with Section 617.12 of SEAR, BURA hereby files a copy of the Negative Declaration for this
action with the Common Council.
Mr. Bonifacio moved
That the communication from the Office of Strategic Planning, dated February 9, 2006, be received and filed; and
That the Common Council does hereby adopt the Negative Declaration for the A.D. Price Housing Redevelopment in accordance
with Part 617, Article 8 of the (SEAR -State Environmental Quality Review) of the Environmental Conservation Law
ADOPTED
No. 13
SEQR Negative Declaration
Artspace Development, 1219 Main Street
Please be advised, prior to the implementation of the above - referenced project, the requirements of the New York State
Environmental Quality Review Act (SEAR) must be satisfied.
The project, as defined under SEAR, is an "Unlisted Action" for which a coordinated review has been completed by the Buffalo
Urban Renewal Agency (BURA), the Lead Agency responsible for determining the effect of the action on the environment. BURA
has determined that the project will not have a significant adverse effect on the environment, and an Environmental Impact
Statement will not be prepared. In accordance with Section 617.12 of SEAR, BURA hereby files a copy of the Negative
Declaration for this action with the Common Council.
Mr. Bonifacio moved:
That the communication from the Office of Strategic Planning, dated February 3, 2006, be received and filed; and
That the Common Council does hereby adopt the Negative Declaration for the Artspace Development, 1219 Main Street in
accordance with Part 617, Article 8 of the (SEAR - State Environmental Quality Review) of the Environmental Conservation Law.
ADOPTED
FROM THE COMPTROLLER
NO. 14
Second Quarter Gap
We have reviewed the Administration's second quarter Gap report and are filing our review and summation as required under the
City's Charter. It is our opinion that the second quarter Gap report fairly and reasonably represents the City's position.
We would like to note that, on a budgetary basis, the Gap reports a deficit of $3.26 million. On a Generally Accepted Accounting
Principle (GAAP) basis, however, we project only an approximate $350,000 deficit. This is due to the fact that resources of $ 1 .8
million for demolitions and reengineering efforts as well as BFSA assistance of $4.5 million were accounted for as revenues in the
prior fiscal year and, therefore, can not be recorded again as revenues in the current fiscal year. While not included in the
Administration's revised GAP sheet, the additional spin up aid of $6 million provided by the State's 2005/2006 budget will offset
these amounts, resulting in our projected $350,000 deficit.
We would also at this time seek to clarify the comments on RAN interest expense provided in the Gap report concerning
unanticipated costs. It was anticipated at the time the 2005/2006 budget was adopted that we would be following the same
payment schedule that was used in 2004/2005. However, unlike the previous year, in 2005/2006 the payment structure adopted
by the BFSA requires final BAN payment to be made in June of 2006. Our budget projections included one RAN and one BAN
payment, whereas final expenditures will include one RAN and two BAN payments. So while we were required to make an extra
payment in 2005/2006, we will save interest in the long
run.
I would suggest that in the future, the commissioner be invited to contact my office to discuss Gap report issues before making
them a part of the final report. This would be helpful all around and hopefully avoid the need to clarify issues after the fact.
Let me also note that the Administration accurately states that increased interest earnings combined with premium revenues do
cover the additional interest expense on the 2005/2006 RANs, leaving only the June /July 2005 payment unaccounted for.
Hopefully, the clarification contained in this communiqu6 is helpful to Council members.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, COMMISSIONER OF ADMINISTRATION AND FINANCE
FROM THE COMMISSIONER OF
MANAGEMENT INFORMATION SYSTEMS
NO. 15
Family Watch Dog Website
Res. #88, CCP Feb. 7 2006
The link for the Family Watch Dog Website has been placed on City's Website.
RECEIVED AND FILED
NO. 16
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 13, 2006 in the Department of MIS to the position of System Analyst Temporary Appointment
Intermediate Starting Salary of $44,830
Peter Zingorenko 898 Parkside Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
y:Z�L�i� �:I �K�Lrihril F�� [�] �I �:Z�] � •1�J -3 � [y7�L�7:7:��
NO. 17
Notification Serial # 10043
No Standing - Repeal
on East Delavan Avenue, north side
between Birch Place
and Cornwall Avenue
(Masten District)
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item
business.
That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
East Delavan Avenue, north side 7:00 am to 10:00 am
between Birch Place Except Sunday
and Cornwall Avenue
This action is being taken in order to provide easier on- street parking access on East Delavan.
Notification Serial # 10044
Permissive Parking - Repeal
on East Delavan Avenue, north side
between Birch Place
and Cornwall Avenue
(Masten District)
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item
business.
That part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: PERMISSIVE PARKING
PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY
East Delavan Avenue, north side between 1 hour parking
Birch Place and 10 am to 7 pm
Cornwall Avenue Except Sunday
This action is being taken in order to provide easier on- street parking access on East Delavan.
Notification Serial# 10046
No Standing - Repeal
on East Delavan Avenue, south side
between Grider Street
and Cornwall Avenue
(Masten District)
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item
business.
That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
East Delavan Avenue, south side 4:00 pm to 6:00 pm
between Grider Street Except Sunday
and Cornwall Avenue
This action is being taken in order to provide easier on- street parking access on East Delavan.
Notification Serial # 10046
Permissive Parking - Repeal
on East Delavan Avenue, south side
between Grider Street
and Cornwall Avenue
(Masten District)
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item
business.
That part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: PERMISSIVE PARKING
PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY
East Delavan Avenue, south side 1 hour parking
between Grider Street 7am to 4pm
and Cornwall Avenue Except Sunday
This action is being taken in order to provide easier on- street parking access on East Delavan.
Notification Serial # 10047
No Standing - Repeal
on Hertel Avenue, south side
between Military Road
and St. Florian Street
(North District)
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item
business.
That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY
Hertel Avenue, south side At all times
between Military Road and
St. Florian Street
This action is being taken in order to provide additional on street parking on Hertel Avenue. (see next serial)
Notification Serial # 10048
Install No Standing
on Hertel Avenue, south side
between Military Road
and Janice Street
(North District)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item
business.
That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto
the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Hertel Avenue, south side At all times
between Military Road
and Janice Street
This action is being taken in order to provide additional on street parking on Hertel Avenue. (see previous serial)
Waive 45 Days
RECEIVED AND FILED
NO. 18
Report of Bids
Striping of Cross Walks - 2006
This is to advise Your Honorable Body that I have advertised and received bids on February 15, 2006
The following bids were received:
Company #1 Accent Stripe, Inc ........................................ ............................... .....................$87,800.00
Address 1 3275 N. Benzing Road
Address 2 Orchard Park, NY 14127
1 hereby certify that the lowest responsible bidder for the above project is Accent Stripe, Inc. and I respectively recommend that
Your Honorable Body authorize a contract award to Acxcent Stripe in the amount of $96,580.00 (Base Bid of $87,800.00 + [10%
unit price increases] $8,780.00 equals [Total Award] $96,580.00.) Funds for this project are available in our Capital Account
#30032106 - 445100 and Bond Account to be established after Spring 2006 Bond Sale. The engineer's estimate for this work is
$95,000.00.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 15, 2006, 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 Striping of
Cross Walks - 2006, to Accent Stripe, Inc., the lowest responsible bidder, in the Base Bid of $87,800.00 + 10% unit price
increases $8,780.00 equals a total award amount of $96,580.00. Funds for the project are available in Capital Account
#30032106 - 445100 and Bond Account to be established after Spring 2006 Bond Sale.
PASSED
AYES — 9 NOES — 0
NO. 19
Report of Bids
Striping of Lane Lines — 2006
This is to advise Your Honorable Body that I have advertised and received bids on February 15, 2006 The following bids were
received:
Contractor Total Bid Price
Company #1 Accent Stripe, Inc ....................................... ............................... ....................$111,500.00
Address 1 3275 N. Benzing Road
Address 2 Orchard Park, NY 14127
Company #1 Hi -Lite Markings, Inc ................................... ............................... ....................$163,250.00
Address 1 PO Box 460 / 18249 Hi -Lite Drive
Address 2 Adams Center, NY 13606
1 hereby certify that the lowest responsible bidder for the above project is Accent Stripe, Inc. and I respectfully recommend that
Your Honorable Body authorize a contract award to Accent Stripe in the amount of $122,650.00 (Base Bid of $111,500.00 +
110% unit price increases] $11,150.00 equals [Total Award] $122,650.00.) Funds for this project are available in our Capital
Account #30032106 - 445100 and Bond Account to be established after Spring 2006 Bond Sale The engineer's estimate for this
work is $138,000.00.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 15, 2006, 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 Striping of
Lane Lines - 2006, to Accent Stripe, Inc., the lowest responsible bidder, in the Base Bid of$111,500.00 + 10% unit price increases
$11,150.00 equals a total award amount of $122,650.00. Funds for the project are available in Capital Account #30032106-
445100 and Bond Account to be established after Spring 2006 Bond Sale.
PASSED
AYES — 9 NOES -0
NO. 20
Buffalo Water Board
Unaccounted for Water Study
The Buffalo Water Board commissioned CRA Infrastructure & Engineering, Inc. to conduct a study of unaccounted for water in the
Buffalo system. Attached please find the results of that study. At this time, the Board has not accepted any of the reports
conclusions or possible recommendations.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 21
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, HVAC Work,
Parise Mechanical, Inc., C #92010968.
1. Extend ductwork into the RPZ Room, install insulation and provide air balance. Add $ 1,176.00
The foregoing change results in a net increase in the contract of One Thousand One Hundred Seventy Six and 00/100 Dollars
($1,176.00).
SUMMARY
Current Contract Amount $174,383.00
Amount of This Change Order ( #3) $ 1,176.00
Revised Contract Amount $175,559.00
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 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. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 15, 2006, 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
Parise Mechanical, Inc., an increase in the amount of $1,176.00, as more fully described in the above communication, for work
relating to Job No. 0433, Delavan Fillmore Fire Station, Construction, HVAC Work, C #92010968. Funds for this project are
available in 30062206 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 22
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, C #92010963.
1. Furnish and install 2 gutter and downspout sets at the roof scuppers as directed by the building inspector
2. Furnish and install epoxy paint on the walls behind the metal open mesh lockers.
Construction, General Construction, Picone
Add $ 1,761.80
Add $ 891.25
3. Furnish and install additional stone and adjust sub -grade for area disturbed by electrical
contractor when trenching for the emergency generator conduit. Add $ 669.88
4. Furnish and install a steel angle brick shelf at the entrance canopy. Add $1,003.95
5. Furnish and install 2 -30" residential exhaust hoods in lieu of the 1 -48" commercial hood specified. Deduct $ 1,407.00
6. Remove trees along north property line to allow for proper installation of fence and curbing. Add $ 1,667.50
7. Furnish and install dedication plaque. Add $ 2,369.00
8. Delete sidewalk and apron work performed by City. Deduct $ 4,100.90
9. Furnish and install 2- 30" x 12" wall cabinets over kitchen exhaust hoods. Add $ 771 .05
10. Relocate door 115. Add $ 1,737.19
11. Install permanent cores in door locks. Add $ 587.67
The foregoing change results in a net increase in the contract of Five Thousand Nine Hundred Fifty One and 39/100 Dollars ($5,951.39).
SUMMARY
Current Contract Amount $1,483,369.90
Amount of This Change Order ( #5) $ 5,951.39
Revised Contract Amount $1,489,321.29
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 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. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 15, 2006, 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 Picone Construction Co., an
increase in the amount of $5,951.39, as more fully described in the above communication, for work relating to Job No. 0433, Delavan Fillmore Fire Station,
General Construction, C #92010963. Funds for this project are available in 30062206 445 ! 00 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 23
Change in Contract
Delaware Park Casino
Step Reconstruction
Job #0542
Delaware District
I hereby submit to Your Honorable Body the following changes for the Delaware Park Casino, Step Reconstruction, Wilsandra Construction Co., Inc., PO
#17003790.
1. Furnish and install metal pipe railings. Add $1,610.00
The foregoing change results in a net increase in the contract of One Thousand Six Hundred Ten and 00/100 Dollars ($1,610.00).
SUMMARY
Current Contract Amount $21,000.00
Amount of This Change Order ( #1) $ 1,610.00
Revised Contract Amount $22,610.00
Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini, Tries, Architects) and the Department of Public Works, Parks & Streets and
were found to be fair and equitable. Funds for this work are available in 38400106 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. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 13, 2006, 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 Wilsandra Construction Co.
Inc., an increase in the amount of $1,610.00, as more fully described in the above communication, for work relating to Job No. 0542, Delaware Park
Casino, Step Reconstruction, PO #17003790. Funds for this project are available in 38400106 445100 - Division of Buildings.
PASSED
AYES — 9 NOES - 0
NO. 24
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. Furnish and install gas line for second stove in new kitchen. Add $ 140.92
The foregoing change results in a net increase in the contract of One Hundred Forty and 92/100 Dollars ($142.92).
Summary: Current Contract Amount $95,911.59
Amount of This Change Order ( #3) Add $ 140.92
Revised Contract Amount $96,052.51
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 38320206 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. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 15, 2006, 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 W. C. Roberson Plumbing &
Construction Corp., an increase in the amount of $140.92, as more fully described in the above communication, for work relating to Job No. 0422, Main
Mercer Fire Station, Expansion & Reconstruction, Plumbing Work C #92010966. Funds for this project are available in 38320206 445100 - Division of
Buildings.
PASSED
AYES — 9 NOES — 0
NO. 25
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. Credit associated with installing a hollow metal door in lieu of specified prefinished wood at Door 107A. Deduct $ 140.00
The foregoing change results in a net decrease in the contract of One Hundred Forty and 00/100 Dollars (- $140.00).
SUMMARY
Current Contract Amount $1,203,138.05
Amount of This Change Order ( #13) $ 140.00
Revised Contract Amount $1,202,998.05
Costs have been reviewed by the Consulting Architect (Bergmann Associates, Inc.) 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 38320206 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. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 6, 2006, 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. 13, to The Peyton Barlow Co., a
decrease in the amount of $140.00, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station,
Expansion & Reconstruction, General Construction C #92010964. Funds for this project are to be credited to 38320206 445100 - Division of Buildings.
PASSED
AYES — 9 NOES —0
NO. 26
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, General Construction, Patrick Development
of WNY, Inc., C #92010833.
1. Due to review, field inspections and resinspections during construction, delete structural repairs and inspection, steel inspection, steel reinspection by
Syracuse Engineers. Deduct $14,015.75
The foregoing change results in a net decrease in the contract of Fourteen Thousand Fifteen and 75/100 Dollars (- $14,015.75).
Summary Current Contract Amount $3,114,841.11
Amount of This Change Order ( #16) $ 14,015.75
Revised Contract Amount $3,100,825.36
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) 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 38321 006 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. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 13, 2006, 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. 16, to The Patrick Development of
WNY, Inc. a decrease in the amount of $14, 015.75, as more fully described in the above communication, for work relating to Job No. 0324, North
Jefferson Library, General Construction C #92010833. Funds for this project are to be credited to 38321006 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 28
COUNCIL NOTIFICATION OF BUFFALO WATER BOARD SERVICE SHUTOFFS
ITEM NO. 100, C.C.P. 01/10/06
The referenced item was sent to the Buffalo Water Board for comment.
The Board asked that I advise the Council that it would be impractical to provide notification of service terminations to the district Council Member.
Customers with unpaid water bills are sent several delinquent and termination notices. Scheduled terminations change frequently even during the course of
a single day.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 29
160 DELAWARE AVENUE;
ENCROACHMENTS
WITHIN CITY RIGHT OF WAY
( ELLICOTT DISTRICT)
Mr. Adam S. Waiters of the law firm of Phillips Lytle LLP, acting as agent for the applicant, New Era Cap Company, has requested permission to
encroach City right of way at 160 Delaware Avenue. The encroachments would be part of New Era's renovation of the former Federal Reserve Bank into its
new global headquarters.
The encroachments would include a front entrance canopy and a curb cut for a drop off area on Delaware Avenue. The canopy would project 5' over City
right of way and the drop off area would measure 85' in length and extend approximately 20' from the west curbline of Delaware Avenue towards the
building. Planters and bollards will also be installed within City right of way. A minimum of ten feet of public sidewalk will remain.
The City Planning Board has approved this site plan at its meeting of February 14, 2006.
The Department of Public Works, Parks and Streets has no objection to these proposed encroachments provided the following conditions are met:
1.That the applicant obtain a building permit for the canopy.
2. That the applicant obtain a curbcut permit for the drop off area.
3.That no parking be permitted in the drop off area.
4. That the applicant be responsible for maintenance of all encroachments as long as they remain within City right of way.
5. That the applicant submit a construction in street bond and certificate of insurance, in amounts deemed sufficient by the Corporation Counsel, which will
indemnify and save harmless the City of Buffalo against any and all loss ordamage caused by the installation, use or removal of said encroachments.
Mr. Bonifacio moved:
That the above communication from the Department of Public Works, Parks and Streets dated February 15, 2006 be received and filed; and
That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to New Era Cap Company, applicant,
located at 160 Delaware Avenue, to install a front entrance canopy 5' over the City right of way and the drop off area would measure 85' in length and
extend approximately 20' from the west curb line of Delaware Avenue towards the building, subject to the conditions as listed above.
PASSED
AYES - 9 NOES -0
NO. 30
GRAFFITI ON CITY STREET SIGNS
ITEM NO. 58, C.C.P. 02/07/06
The referenced item was sent to this department for comment.
This department shares the Council's concern that graffiti has substantial negative effects on our neighborhoods. We, therefore, will place a high priority on
signs that may be defaced by graffiti. We will continue, however, to make traffic controlling signs (stop, yield, etc.) our highest priority.
RECEIVED AND FILED
NO. 31
LACKAWANNA TRAFFIC SIGNALS
The referenced item was sent to this department for comment.
The department's Traffic Engineering office is reviewing the request from the Mayor of Lackawanna to maintain traffic signals in their city. We will be
formulating a list of information that we will need from Lackawanna in order to determine if this is feasible, and what the cost would be.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 32
PERMISSION TO HIRE CONSULTANT AND
ENTER INTO AGREEMENTS WITH FTA AND NFTA
BUFFALO - NIAGARA MEDICAL CAMPUS (BNMC)
ELLICOTT STREET GATEWAY PROJECT
ELLICOTT DISTRICT
The Federal Transit Authority (FTA) has designated $2.2M for the design, construction and inspection of the BNMC Ellicott Gateway project. This project
is listed on the New York State Regional Transportation Improvement Program (TIP) with P.I.N. 5757.47.
In order to move this project forward, this department is requesting permission to take proposals and hire an engineering consultant for the engineering
design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and /or this department to enter into all necessary
agreements with the FTA and NFTA. These agreements would enable this department to administer the project and will cover all other necessary tasks
needed to complete the design and construction of this project.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 16, 2006 be received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to take proposals and hire an engineering design and
inspection of the above project. That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the FTA & NFTA.
PASSED
AYES - 9 NOES -0
NO. 33
SALE OF PROPERTY AT 667 KENSINGTON
ITEM NO. 131, 02/07/06
The referenced item was sent to this department for comment on behalf of the Buffalo Water Board.
The Kensington Water Tower sits on the piece of property being considered for a parking lot associated with School #61. The Water Board is not willing to
sell any portion of this land because there are plans to possibly build an expanded water storage facility at this site to improve service to that area. The
Board will consider leasing a portion of the site for use as a parking lot with the understanding that no vehicles are parked above any transmission mains,
and that the parking lot is removed when the new storage tank is built. The Board will also require that they be held harmless for any injuries or damages
associated with the parking lot.
The proper leasing party should contact this office if they wish to proceed further.
REFERRED TO THE COMMITTEE ON FINANCE
A contract summary is as follows
Existing contract amount $ 1,024,540.00
Amount this change $ 282,794.67
Revised Contract Amount $1,307,334.67
Based on the preceding, I, therefore, recommend Your Honorable Body authorize an increase in contract to Donald Braasch Construction in the amount of
$282,794.67. Funds are available from the FHWA and Capital Project Accounts #30227906, 30335406.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 16, 2006, 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 D. Braasch Construction, an
increase in the amount of $282,794.67, as more fully described in the above communication, for work relating to Tifft Street Greenway, C #92010972, PIN
#5756.79. Funds for this project are available in FHWA and Capital Project Accounts #30227906, 30335406.
PASSED
AYES - 9 NOES -0
NO. 35
TRANSFER OF VARIOUS PROPERTY FROM THE BUFFALO
AND ERIE COUNTY LIBRARY BOARD
ITEM NO. 99, C.C.P. 11/29/05
As authorized in the referenced item, I have executed the attached Deed of Gift from the Buffalo and Erie County Library Board. The item is being filed with
Your Honorable Body for information purposes.
RECEIVED AND FILED
NO. 34
TIFT STREET GREENWAY
INCREASE IN CONTRACT #92010972
D. BRAASCH CONSTRUCTION
PIN #5756.79
SOUTH DISTRICT
I herewith submit to Your Honorable Body the following increase in contract for the federally reimbursed Tifft St. Greenway Project, PIN #5756.79. These
additions are associated with extensions of the multi -use pathway from Tifft Farm Nature Preserve to Ohio St., additional rock wall construction and various
unforeseen field conditions. A summary of additional work items is as follows:
• Item #07.104 Granite Curb- Type C, 3,168LF @$30.00
$36,960.00
• Item #403.11 Asphalt Concrete Type 1,273Ton @$50.00
$ 7,600.00
• Item #403.1303 Asphalt Concrete Type 3, 1457Ton @$54.00
$23,922.00
• Pinning Concrete Barrier
$ 2,000.00
• Rock Wall (3' -4' Height)
$47,102.00
• Rock Wall (1 '2' Height)
$25,600.00
• Demolish Concrete Foundations
$ 2,840.00
• Burnout Guide Rail Posts
$ 2,997.00
• Excavate Slag for Trail Construction
$ 3,316.00
• Excavate Slag for Catch Basin and Pipe
$ 822.00
• Furnish and Install boulders in lieu of bollards
$22,000.00
• Slag Evacuation to Install Ped. Pole Fdn. And Pullbox
$ 1,560.00
at Tifft St. and Furhmann Blvd
Slag Excavation to Install Sign Posts
Furnish and Install Catch Basin at NE corner Ohio and Tifft Sts. -- -
$- 3,934:00
Furnish and Install Catch Basin at Tifft St.
Addt'I time to reexcavate through slag to increase tree pit size
Furnish & Install Dog House Manhole
Concrete Backfill for curb (Road Base) Ohio Street
Excavate through slag for Ohio St. Curb
and Underdrain
$14,200.00
First Excavation for Tree Pits
$ 3,317.00
Relocate Park Bench
$ 670.00
Repair Damage to Underdrain due to Excavation of Tree Pits
$ 3,300.00
Disposal of slag soils
$ 3,700.00
Furnish & Install Guide Railing
$1,390.00
Herbicide Application - Knotweed Control
$ 1,062.00
Install Bollards in lieu of Flexible Delineator Posts
$11,467.00
Slag Excavation for Electrical Conduit
$ 2,400.00
Furnish & Install Riser onto Catch Basin in Parking Lot
$ 500.00
Furnish & Install Risers onto BSA Sewer at Ball Field
$ 500.00
Curb Cuts
$ 2,114.00
Ohio Street Widening - 2 feet Total
$282,794.67
These changes have been reviewed by the Project Consultant and Engineering Staff and have been found to be fair and equitable. These changes have
also been previously approved by the GBNRTC and NYSDOT.
A contract summary is as follows
Existing contract amount $ 1,024,540.00
Amount this change $ 282,794.67
Revised Contract Amount $1,307,334.67
Based on the preceding, I, therefore, recommend Your Honorable Body authorize an increase in contract to Donald Braasch Construction in the amount of
$282,794.67. Funds are available from the FHWA and Capital Project Accounts #30227906, 30335406.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 16, 2006, 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 D. Braasch Construction, an
increase in the amount of $282,794.67, as more fully described in the above communication, for work relating to Tifft Street Greenway, C #92010972, PIN
#5756.79. Funds for this project are available in FHWA and Capital Project Accounts #30227906, 30335406.
PASSED
AYES - 9 NOES -0
NO. 35
TRANSFER OF VARIOUS PROPERTY FROM THE BUFFALO
AND ERIE COUNTY LIBRARY BOARD
ITEM NO. 99, C.C.P. 11/29/05
As authorized in the referenced item, I have executed the attached Deed of Gift from the Buffalo and Erie County Library Board. The item is being filed with
Your Honorable Body for information purposes.
RECEIVED AND FILED
NO. 36
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective February 13, 2006 in the Department of Public Works, Parks and Streets to the position of Exterminator, Permanent at the
intermediate salary of $28,817
Joseph Bonda, 1238 Hertel Avenue, Upper, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 37
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 7, 2006 in the Department of Public Works, Parks and Streets to the position of Supervisor of Street Sanitation I,
Provisional Promotion at the Intermediate starting salary of $31,132.00.
Antonio Ballo, III, 309 Ideal Street, Buffalo, NY 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
y :IQ Vi11111. 1 NE9161 LVihVi1 1-1-11 IQ 0 1 14:ZO101e14 191:4
NO. 38
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective January 30, 2006 in the Department of Police to the position of Police Captain, Permanent at the Flat Salary of $75,223.00
Anthony Barba, 253 Floradale, Tonawanda, NY 14150
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 39
LEON'S AUTO SALES & SERVICE
116 MYRTLE AVE., BUFFALO, NY 14204
LICENSE TYPE: USED CAR DEALER
APPLICATION NUMBER: 540858
Dear Councilmember Davis:
As per the attached correspondence, no used car or repair garage licenses will be allowed or issued for Leon's Auto Sales & Service, as referenced above.
Chief Robert J. Stasio Bureau of Fire Prevention City of Buffalo
RECEIVED AND FILED
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 40
FOOD STORE LICENSE
304 ELMWOOD (EILIEOTO
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 304 Elmwood 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.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 2, 2006, be received and
filed; 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 Daniel Shanahan, located at 304 Elmwood.
PASSED
AYES - 9 NOES -0
NO. 41
RESTAURANT DANCE LICENSE (RENEWAL)
228 FRANKLIN OGLLICOTT)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at 228 Franklin
for which said renewal application for a Restaurant Dance Class IV license is being sought and according to the attached reports from the Fire Department,
Police Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 42
USED CAR DEALER
346 HOPKINS (SOUTH)
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 346 Hopkins and find that as to form is correct. 1 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 Roger Earthman Jr. The
attached thereto for Roger Earthman Jr. d /b /a Triple R Auto Sales. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN
AFFAIRS
DIVISION OF PURCHASE
NO. 43
Vehicle request
The division of purchase is requesting permission as per the request of the department of public works to take in to its fleet a trailer currently at the
impound lot on dart street. The trailer will be used to transport a small boat owned by public works that is used for the cleaning of the marina and delaware
park lake. There is no cost to the city in obtaining this asset.
Mr. Bonifacio moved:
That the above communication from the Director of Purchase dated February 6, 2006 be received and filed; and
That the Director of Purchase be, and he hereby is authorized to take into its fleet a trailer currently at the impound lot on Dart Street.
PASSED
AYES - 9 NOES -0
FROM THE DIVISION OF CITIZEN SERVICES
NO. 44
YEAR 31 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (NOVEMBER THROUGH JANUARY 2006
Attached please find Quarterly Reports for Year 31 Community Development Block Grant Funded Public Service Agencies including four Fair Housing
Contracts.
These Community Based Organizations provide various Public Service needs through the City of Buffalo. Services include, but are not limited to Youth,
Senior Citizen, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped).
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE BOARD OF EDUCATION
NO. 45
REQ. TO TURN 667 KENSINGTON AVE. -PKG. LOT FOR PS #61
ITEM #131, C.C.P. 2/7/06
The Strategic Plan for Facilities of the Buffalo Public Schools is currently being revised and the updated plan has not been approved by the Board of
Education.
School #61 is a land locked facility and has limited potential to expand the current building.
School #61 would be considered for future phases of the reconstruction project.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE BUFFALO SEWER AUTHORITY
NO. 46
BSA ANNUAL REPORT - 2004 -2005
Enclosed is the Buffalo Sewer Authority's Annual Report for the 2004 -2005 fiscal year.
If you would like to update your information, or be removed from this mailing list, please e-mail: crileye-sa.ci. buffalo. nv.us
RECEIVED AND FILED.
FROM THE BUFFALO URBAN RENEWAL AGENCY
NO. 47
REGULATIONS REGARDING THE SALE OF BURA PROPERTY
ITEM #125, C.C.P. 2/7/06
1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I am providing the following
information regarding the regulations and specific legal requirements for the sale of City of Buffalo Urban Renewal Agency ( "BURA ") property.
BURA is an entity created under New York State Law, specifically, Genera /Municipal Law ( "GML ") Article 15 -B, §639. Article 15 -A of the GML outlines the
organization of urban renewal agencies, and the powers and authority conferred upon these entities. Section 639 specifically states BURA is established
for the purposes outlined in Articles 15 and 15 -A, and operates under the authority described in Article 15 -A. Section 639 states BURA is a separate
municipal body corporate and politic, and "shall be organized in the manner prescribed by an be subject to the provision of Article 15 -4 and the agency, its
members, officers, employees and its operations and activities shall in all respects be governed by the provisions of such article ".
Article 15 -A, §556 details the manner by which BURA is permitted to dispose of its property. It is not permissible, nor is it legal, to dispose of BURA
property in accordance with the City of Buffalo Charter and Code, as BURA is required to follow the requirements as set forth in the GML. In addition, the
Buffalo Common Council lacks the jurisdiction to require BURA to dispose of its land pursuant to the City of Buffalo Charter and Code, and any proposed
local law imposing any additional requirements for the disposition of BURA land would be invalid. Furthermore, the BURA Board of Directors cannot adopt
a policy that contradicts the GML, as they also lack the authority to override the GML requirements.
Attached for your review are copies of the GML sections referenced above.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 48
BOARD OF EDUCATION'S USE OF RECORD CENTER -200 RIVER ROCK DRIVE
This correspondence is to inform the council as to continued negotiations with the Buffalo Board of Education concerning their use of the Buffalo City
Clerk's Record Center located at 300 River Rock Drive. As the council is aware the Board of Education has occupied Suite 300B and a portion of
Warehouse 300B since 2004. To date, the City of Buffalo /Clerk's Office has assumed all costs associated with the lease of the space currently occupied
by the Board of Education.
Attached, please find a response from the Buffalo Board of Education with regards to a previous "Memorandum of Understanding" proposed to the Board
by the City Clerk's Office. The City Clerk's Office believes that the Board of Education's proposal is a fair and equitable offer and should this council
believe the same, request that Corporation Counsel draft a legal document on behalf of the City Clerk's Office to enter into "sublease" arrangement with the
Buffalo Board of Education.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL.
NO. 49
AUTO ALLOWANCE
The following Departments have filed the required certificate relative to the granting of automobile allowances for employees in their respective
Departments.
Community Services -Tanya Perrin - Johnson; Otis Barker Sr.
RECEIVED AND FILED.
NO. 50
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed
Public Works, Parks & Streets -A. Morris
Police -A. Collins, C. Cavaretta, D. Cordone, L. Valvo
Fire -C. Morris (Return)
Community Services -C. Fagan
MIS- P. Zingorenko
RECEIVED AND FILED.
NO. 51
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance
at their respective meetings:
Buffalo Sewer Authority- 2/8/06
RECEIVED AND FILED.
NO. 52
APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective 2/21/06 in the Executive Department, Division of Mayor, to the position of Intern VI, Seasonal, Non - Competitive, at the flat starting
salary of $10.00 per hour.
Esther Smothers 116 Highgate Avenue Buffalo, NY 14214
NO. 53
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.
DEPARTMENT OF ASSESSMENT AND TAXATION
Appointment Effective February 13, 2006 in the Department of Assessment and Taxation to the position of Clerk, Seasonal, at the flat starting salary of
$8.15/hr.
Nakia R. Harris 202 East Amherst Apt. H -9 Buffalo, NY 14214
NO. 54
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements).
Appointment Effective February 13, 2006 in the Department of Public Works, Parks & Streets - Streets, to the position of Truck Driver (Streets), Provisional,
at the minimum starting salary of $27,646.
Richard Mazuca 54 South Pierce Street Buffalo, New York 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
0 IQ01me] a a IN /9 1W9161 LVihVi[1] 0 I IQ 0 F�
NO. 55
INFO -M. SCH MAN D- APPT.- BICYCLE /PEDESTRIAN ADV. BD.
Please file this item for the next meeting of the Common Council on Tuesday, February 21, 2006.
As a follow up to our recent discussion regarding appointments to the Bicycle Pedestrian Advisory Board, I respectfully forward for your consideration the
recommendation of the appointment of William Morgan Smith.
Mr. Smith is a six -year employee of Buffalo Place Inc. whose current position is Manager of Public Space. I believe Mr. Smith, who resides in the Allentown
District and rides his bicycle to work daily and year round, would be an excellent addition to the board.
I have included Mr. Smith's resume for your review. If you should have any questions please do not hesitate to call me. I thank you in advance for your
consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 56
JESSE KETCHUM MEMORIAL FUND
The Board of Trustees of the Jesse Ketchum Memorial Fund herewith submits its Annual Report to you as required by the Deed of Trust that
established this fund for the awarding of prizes for excellent scholarship to the eighth grade graduates of the Buffalo Public Schools.
Principals of each elementary school having an eighth grade class have submitted the names of those students who are members of the
graduating class who have ranked the highest in scholarship in their group.
A gold flashed medal, certificate and a $1,000.00 check was presented to the student ranking highest in the entire city. A silver flashed medal,
certificate and $500.00 check was presented to the second highest student. Each school winner received a bronze medal, a certificate and a $100.00
savings bond. Awards were presented at the Awards Ceremony held at the Native American Magnet School 19 on Wednesday evening, November 9,
2005 at 7:30 P.M.
For the 2004 - 2005 school year a total of 51 medals and certificates were awarded. A list of the winners is enclosed for your records.
Also a copy of the financial report by the Treasurer, Mr. Thomas Keenan, for the fiscal year December 31, 2003 - December 31, 2004 is
enclosed.
RECEIVED AND FILED.
NO. 57
THE HOMEOWNERSHIP CENTER OF BUFFALO
PLACEMENT OF HOMEFRONT INC.'S WESTERN NEW YORK HOME BUYER SHOW
Pursuant to my previous conversation with the Office of Strategic Planning's Executive Director Timothy E. Wanamaker, I write to formally request
placement of HomeFront, Inc.'s Western New York Home Buyer Show banner across City Hall two weeks before the event. The 9 Annual Home Buyer
Show is scheduled for March 25, 2006 at the Statler Towers. Therefore, placement of the banner is requested for March 10, 2006 through March 27, 2006.
On behalf of HomeFront, Inc, and the committee for the Western New York Home Buyer Show, we thank you for your assistance regarding this request.
If you have any questions, feel free to contact me at 856 -2952.
RECEIVED AND FILED.
NO. 58
FACT SHEET
SHENANGO STEEL MOLD SITE
CLEANUP
Sheet available in Clerk's Office.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 59
LP CIMINELLI -BOARD PACKET DOCUMENTS - 1/9/06
Attached are the following documents for the next Joint Schools Construction Board Meeting scheduled from the January 9, 2006:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated December 12, 2005
3. Phase I Final Application and Certificate for Payment No. 39 - November 2005
4. Fully executed Phase II Application and Certificate for Payment No. 14 - November 2005 "
5. Phase II Application and Certificate for Payment No. 15 - December 2005
6. Phase II Procurement Schedule dated November 22, 2005
7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project -
November 2005
RECEIVED AND FILED
NO. 60
LP CIMINELLI -BOARD PACKET DOCUMENTS - 2/15/06
Attached are the following documents from the February 13, 2006 Joint Schools Construction Board Meeting:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated January 9, 2006
3. Fully executed Phase II Application and Certificate for Payment No. 15 December 2005
4. Phase II Application and Certificate for Payment No. 16 - January 2006
5. Phase II Procurement Schedule dated January 25, 2006
6. Bid Evaluation for PS #200 - Bennett High School
7. Bid Evaluation for PS #6 - BEST & PS #37 - Futures Academy
8. Bid Evaluation for PS #91 - BUILD Academy
9. Meeting Minutes from JSCB Inclusion Committee Meeting dated December 19, 2005
10. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project -
November 2005
11. 2006 Career Path Meeting Schedule
12. Summary of Career Path Meeting 1/5/06
RECEIVED AND FILED
NO. 61
ANNUAL REPORT FOR COB FOR YEAR ENDING 2005
Enclosed is the Annual Report for the City of Buffalo for the year ending 2005. If you should have any questions or need additional information, please
me know.
REFERRED TO THE COMMITTEE ON LEGISLATION.
01 [ow *a
C. VAN NESS -REQ. APPT- BICYCLE /PEDESTRIAN ADVISORY BOARD
Please file the attached item for the Common Council meeting to be held on February 7, 2006.
Resume of C. Van Ness attached.
REFERRED TO THE COMMITTEE ON LEGISLATION.
Buffalo, New York 14202
NO. 63
DISCRIMINATORY PRACTICES -AREA 42 BAR
Please file the attached item for further discussion at the next Common Council session to be held February 21, 2006. Thank in advance for your
assistance in this matter.
On January 27, 2006 at approximately 10:30 p.m., I entered the Area 42 Bar on Pearl and Chippewa Streets at which time I paused to look at the
drink specials. I began to approach the bar when the bartender, a young white male, began throwing ice chips at me. Initially, I thought he was throwing the
ice chips at everyone in the bar; however, that was not the case. He was throwing them at me, the only African American in the bar.
The bartender then signaled to a large size man to come over. At this time, the big guy said that I would have to leave the premises. I told him
that I had just arrived. He then told me there was a $10 cover charge. I did not see any signs posted to that effect nor did I notice anyone collecting money
from the patrons, who were all white, entering the bar after me. I did not question their motive. I calmly exited the bar.
After leaving Area 42, 1 walked to Prima Pizza where I ate a late dinner. At approximately 11:15 p.m., on the corner of Franklin and Chippewa, I
saw two City Police patrol cars with one officer in each car. The officers were conversing with one another, so I approached one of the officers and told him
what had just transpired. He nonchalantly responded, "Apparently they don't want you in there." After a brief conversation with the officer, he stated that he
would make a report at headquarters at the end of his shift.
I would like to have this incident put on record and investigated for their discriminatory practices. Any public establishment that does not serve
the entire community should not have a liquor license nor should they be in business.
Thank you in advance for your immediate attention in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSION ON CITIZEN RIGHTS & COMMUNITY RELATIONS, COMMISSIONER OF
POLICE AND STATE LIQUOR AUTHORITY.
No.64
Request for Residential Permit Parking
I am writing this letter as a plea for help with the parking problem on the black of Tracy St. between South Elmwood and Delaware Ave. I have
been seeking help with this problem for many years and have frequently discussed this issue with your office as well as with Councilwoman Barbara Miller -
Williams Mr. Joe Giambra in the parking office, and the mayor's hot line.
There are only three residential buildings on this block of Tracy SL These homes were built in the mid 1800s, before the invention of the automobile, so the
residents have no driveways and no place to park but the street Them are six unmetered parking spots on the street. We residents have to compete for
parking spaces with employees of businesses on Delaware Avenue during the day and with tenants of the building on 294 -296 S. Elmwood (12 units with
no parking) after 5PM. The situation becomes oven worse during the winter months when parking is not permitted on S. Elmwood.
I was born in Buffalo, went to school in Buffalo, have worked in Buffalo, and have owned numerous properties in Buffalo. After living in the suburbs for a
number of years, I chose to retire in the city because I enjoy the cultural opportunities and city lifestyle. I pay my taxes and fees, I support local businesses,
restaurants, theaters, orchestra, and the Bisons. I have made many improvements to my home and help keep the street free of litter, improving the
appearance of the street and raising property values.
When I bought this property about 20 years ago, the street was inhabited by .transients, lower income people without cars, and even prostitutes and drug
dealers. By improving my property, I have attracted young professionals as tenants, improving the neighborhood but also increasing the number of cars.
I am 60 years old and handicapped (as is my wife). I have a handicapped parking permit ( #1792595). When I leave the house to run errands, shop, or keep
our many doctors appointments, I am able to use the handicapped parking spots so I don't have to walk too far, but when I return home (often loaded down
with shopping bags), I am unable to park on my own street!
I love this city and had hoped to live out the rest of my years in this very unique house which is part of our city's great heritage. However, the parking
situation on this street has made me begin to consider moving out of state
I am requesting that you bring this issue before the common council, and I appreciate any help you can provide to resolve this problem. The possibility of
parking permits (as used in areas of Rochester) has been mentioned, and ! would be willing to pay for such a permit. This would not only solve my
problem, but would also add to the city's revenues. Or perhaps you and your colleagues on the council can think of another solution.
I look forward to hearing from you and thank you in advance for your assistance.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND CORPORATION COUNSEL
NO. 66
GLOBAL QUEST
SOLUTIONS- REQUEST MEETING
This letter is to introduce you to Globalquest Solutions. We are a western New York information technology company who specializes in business process
reengineering through technology. I am WBE certified in both Erie County and NY State.
We have been working closely with Erie County on the SAP project over the last few years, involved in the implementation and now with the support of this
project.
I feel that we have insight and added value concerning "regionalism" or "shared services" and how the County and City can help each other through
technology for the better of our community. I am requesting a meeting with Mayor Brown and /or the Community Development Committee to explore these
topics.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 66
MERGING SEWER SYSTEMS
Some of the town and village leaders who will collect a larger
Buffalo News - Suburbs open to merging sewer services share of Erie County's sales tax revenue - in a deal given final approval Tuesday - say they are
willing to consider collaborating with the county on sewer services as a way to save money.
The objective, Giambra said, would be to create one unified wastewater system, apart from the Buffalo Sewer Authority, which would be operated under
the county government umbrella. He conceded the goal could be years away, when he will no longer be county executive. Several times Tuesday,
Giambra repeated he has just 23 months left in office.
Environment and Planning Commissioner Andrew M. Eszak said the $100,000 is already budgeted. Erie County officials also may apply for state money, if
some of the $25 million that Gov. George E. Pataki has set aside for regional mergers remains in the state budget once approved by the State Legislature.
While the City of Buffalo was not represented at Giambra's news conference, the Buffalo Sewer Authority has been in the loop.
General Manager David Comerford said he talked with county officials recently about working together on purchasing, and on
whether the authority can provide more of its capacity to serve the Southtowns.
The Buffalo Sewer Authority also handles sewage from West Seneca, Cheektowaga and Lancaster, or about 20 million gallons a
day, Comerford said.
Of the $12.5 million in sales tax money to be shared in 2007, Buffalo will collect the largest single share, $5.9 million. The fact
Democrats in the State Assembly forced Erie County to share the money left a bad taste with many county lawmakers. But their
final procedural vote to continue levying the tax after March 1 went smoothly.
Voting against the measure were Republicans Michael H. Ranzenhofer and Barry A. Weinstein of Amherst and John Mills of
Orchard Park, and Democrat Thomas Loughran of Amherst.
REFERRED TO THE COMMITTEE ON FINANCE AND BUFFALO SEWER AUTHORITY
NO. 67
Waterfront Meeting
Please accept this letter a request for a meeting with the Council.
I would like to present to you an outer harbor development plan that would create a tourism draw to the area by showcasing two
of our greatest assets, our cultural diversity and our location. My plans create a spacious park area with a user - friendly shore
protection and boat access. The plan creates investment opportunities from the individual up to large developers. In this manner,
the waterfront can bring prosperity back to the people of the area. The main tourist attraction is what I call a Cultural Promenade.
This promenade consists of about 18 districts (only 10 shown on the accompanying drawings) where each culture can showcase
their heritage. Each district should look, smell, and feel as though you were actually visiting a town in their country. When visiting
each district, you would be able to eat at a restaurant that serves authentic food, buy food from a cultural deli /market, and
purchase clothes, gifts, or other products from that area. Located centrally within each district would be a cultural center where
you could learn about the people and their past. The promenade would be designed so that it would prosper in the winter as well
as the rest of the year. The cultural promenade would create a tourist attraction to most Americans because most of our roots are
from other cultures.
I have talked with Carl Montante Jr. of Uniland, the developer of the NFTA owned property. He has offered to develop a business
plan around my concepts, if, I can prove to him that the shops and restaurants in the cultural districts could be rented. I have also
talked to Council President Franczyk who has encouraged me to present this to you. These two gentlemen and others to whom I
have presented this plan have heard how this type of development could be of great benefit to the city and the surrounding area. I
invite you to hear about this opportunity first hand at your convenience.
I look forward to presenting this plan to you. In the meantime, please find a copy of the plans enclosed.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT AND DIRECTOR OF STRATEGIC
PLANNING
NO. 68
CLEANUP COMPLETED AT LEHIGH VALLEY RAILROAD SITE
NO FURTHER ACTION PROPOSED
INTRODUCTION
The New York State Department of Environmental Conservation (DEC) and the New York State Department of Health (DOH)
invite you to attend a public meeting to discuss cleanup actions completed at the Lehigh Valley Railroad site. At the meeting, DEC
will discuss results of environmental investigations and cleanup actions completed at the site. DEC will also present the State's
proposal for no further action at the site. The proposed cleanup plan, called the "Proposed Remedial Action Plan" (PRAP), is also
available for your review at the location listed at the end of this fact sheet. Public comments on the PRAP will be accepted
through March 17, 2006.
This fact sheet is being provided to explain why cleanup actions at the Lehigh Railroad site were taken, what cleanup activities
involved, and how to obtain more information.
SITE BACKGROUND
The Lehigh Railroad Site is located north of Tifft Street in the City of Buffalo, Erie County. The site is adjacent to the eastern
boundary of Tifft Nature Preserve, and consists of about one acre of the approximate 100 acres that make up the Lehigh Valley
Railroad property. (See site location map below.)
During excavation activities to create a new wetland as part of the Tifft Street Bridge Renovation Project in 1996, the New York
State Department of Transportation (DOT) found an isolated pocket of waste material. The waste material contained levels of
lead and other contaminants of concern, including volatile organic compounds (VOCs) such as chlorobenzene, and semi - volatile
organic compounds (SVOCs) such as nitrobenezene and 4- chloroanaline. The material, sampled by DOT, exhibited
characteristics of waste material found at the nearby Alltift Landfill Site #915054.
It was determined that the former Allied Signal Corporation (now known as Honeywell) was potentially responsible for the waste
material. In 1998, Honeywell completed an environmental investigation of the area in question.
The amount and type of waste found was believed to have resulted from a short duration disposal event at the site. Due to the
concentrations of waste material next to Tifft Nature Preserve and the potential threat to a regulated wetland, DEC reclassified the
site as a Class 2, (from a Class 5), in the Registry of Inactive Hazardous Waste Disposal Sites in New York. A Class 2 site is a
site at which hazardous waste presents a significant threat to the public health or environment and action is required.
Investigation results confirmed the presence of contaminants of concern in waste materials and soils, including VOCs such as
chlorobenzene, and SVOCs such as nitrobenzene and 4- chloroanaline. Inorganic compounds (metals), primarily, lead, were also
detected. As long as these wastes remained in place, a significant threat existed to the environment from the potential movement
of contamination to the surface or groundwater. The waste also represented a threat to the nearby regulated wetlands and Tifft
Nature Preserve.
On February 22, 2001 Honeywell International Inc. (Honeywell) entered into an Order on Consent with DEC to remove,
characterize and properly dispose of waste from the Lehigh Valley Railroad Site.
DESCRIPTION OF SITE INVESTIGATION AND CLEANUP ACTMTIES
Investigations were conducted at the Lehigh Valley Railroad Site between February 200t and October 2005. The
following activities were conducted during the investigations:
• research of historical information;
• excavation of 14 test pits to visually delineate impacted soils;
• installation of 102 soil borings and five monitoring wells for analysis of soils and groundwater; and
• sampling of five new and existing monitoring wells.
Based on the investigations, it was determined that waste and contaminated soil needed to be removed and disposed of in order
to effectively clean up the site. As a result, Honeywell conducted a cleanup action called an Interim Remedial Measure ORM)
which included the removal of a total of 3,400 cubic yards of the waste and contaminated soils daring three separate removal
actions from June 2001 to November 2004.
Following the cleanup, samples were collected from the sidewalls and bottom of the excavation to verify that the cleanup goals
had been met. In addition, four rounds of groundwater samples were collected after the cleanup to ensure that the removal action
had a positive impact on the shallow, local groundwater. After the cleanup was verified to be complete, the site was restored to
the original intended purpose and made into a small wetland.
THE PROPOSED PLAN
Cleanup actions completed at the site by Honeywell have met required cleanup goals. Since sampling has indicated that all the
waste and contaminated soils have been removed from the site and that cleanup activities have had a positive impact on shallow
groundwater at the site, DEC and DOH have determined that the Lehigh Valley Railroad Site no longer presents a significant
threat to the public health or the environment.
DEC'has prepared a Proposed Remedial Action Plan (PRAP) which concludes that "No Further Action" is required at the Lehigh
Valley Railroad Site. In addition, DEC will reclassify the site in the Registry of Inactive Hazardous Waste Sites from a Class 2
hazardous waste site to a Class 5 site to verify that the site has been properly dosed and that it does not require continued
operation, maintenance, and /or monitoring.
PUBLIC MEETING
A public meeting will be held on February 28, 2006 at the Valley Community Center in Buffalo to discuss the proposed plan for
the Lehigh Valley Railroad Site. (See meeting announcement on front of this page.) At the meeting, DEC and DOH
representatives will be available to answer questions regarding completed cleanup activities and the proposed plan. The meeting
is also an opportunity for you to input your comments on the proposed plan.
RECEIVED AND FILED
NO. 69
FACT SHEET
BOONE PARK
The New York State Department of Environmental Conservation (DEC), in partnership with New York State Department of Health
(DOH), and the City of Buffalo's Department of Public Works, invites you to attend a public meeting to discuss the Boone Park
Environmental Restoration Site in Buffalo. The meeting will address the results of the State's environmental investigations and
cleanup actions completed at the site. DEC
At the meeting, DEC, DOH and the City of Buffalo will discuss the results of environmental investigations and cleanup actions
completed at the site. DEC will also present the State's proposal to pursue no further remedial action at this time. At the meeting,
the public wilt have the opportunity to provide comments or offer suggestions relating to the State's proposal.
Site Background:
Established in the early 1950s, Boone Park is a 3.9 acre City park located in a residential area of South Buffalo (see map below).
The City became aware of a potential contamination problem at Boone Park after the United States Environmental Protection
Agency (EPA) analyzed soil samples taken in 1999 while investigating contamination in a nearby neighborhood. EPA's study
found elevated levels of arsenic in the soils of Boone Park's baseball field areas. The playground area was not found to contain
arsenic levels above the cleanup standard. As a result of the findings in the baseball field areas, the City chose to close the entire
park at that time.
Additional soil Sampling was Conducted by the City's consultant engineer (C &S Engineers) in the spring of 2004. This sampling
confirmed EPA's study results and aided in the development of a clean up plan. The City's consultant developed plans to clean up
the arsenic - contaminated soils in Boone Park as an Interim Remedial Measure. A public meeting was held on November 18,
2004 at which the public was given the opportunity to discuss and contribute comments to the proposed cleanup and restoration
plans for Boone Park.
During the spring of 2005, approximately 5,500 cubic yards of arsenic contaminated soils were successfully removed from Boone
Park's baseball field area and disposed of at an off -site solid waste landfill. Cleanup was conducted in accordance with
engineering plans that were approved by the City of Buffalo and DEC.
Cleanup efforts included the excavation of six to eighteen inches of surface soil from the park in the area of the baseball fields.
The depth of excavation was based on tests of soil samples collected during the site investigation. Before excavated areas were
backfilled with clean topsoil from an off -site source, they were tested to ensure that cleanup goals were achieved.
Contaminated soils at the Boone Park site have now been addressed. Based on the site investigations and successfully
completed cleanup activities, the State believes that Boone Park is ready to be returned to recreational use and that no further
cleanup actions are needed.
DEC has prepared a Proposed Remedial Action Plan (PRAP) that outlines cleanup actions already completed at the site as well
as the State's reasons for proposing that no further cleanup actions are required.
Your opportunities to Comment on the Proposed Plan:
The State welcomes public input on the proposed plan. You may review the Proposed Remedial Action Plan, reports on past
clean up actions, and other site - related documents at the locations below:
Erie County Dudley Branch Library 2010 South Park Avenue Buffalo, NY 14220 (716) 823 -1854
DEC's Buffalo Office 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220
Please contact the following individuals if you have questions regarding the Boone Park Environmental Restoration Project.
Site Related Project Questions
Edward Porter Department of Public Works 612 City Hall Buffalo, NY 14202
Site Related Environmental Questions
David Locey NYS Department of Environmental Conservation 270 Michigan Avenue Buffalo, NY 14203
Site Related Health Questions
Cameron O'Connor NYS Department of Health 584 Delaware Avenue Buffalo, NY 14202 (716) 847 -4385
RECEIVED AND FILED
NO. 70
REQUEST TO SERVOE ON
BICYCLE /PEDISTRIAN ADVISORY BOARD
I am a 61 year old downtown resident and city businessman who is interested in serving on the newly announced
Bicycle /Pedestrian Advisory Board. I am a lifelong Buffalonian and bicyclist and I ride approximately 10 miles on city streets
before work each morning (year round, weather permitting). I also serve in the West Village Renaissance Group.
Obviously I have a vested interest in promoting safety for cyclists and pedestrians and aesthetically I would like to see the return
of some of the many bike trails that existed in our city at the turn of the century. As you probably know, at one time Buffalo was
one of the bicycling centers of the country.
I can be reached at the above address and phone, or by email at dwahl @zenger.com.
Thank/you for considering this application.
REFERRED TO THE COMMITTEE ON LEGISLATION.
PETITIONS
NO. 71
Eva Hassett, Rezone 1109 -1121 Elmwood Ave, & 605- 607 Forest Ave (North)
(Hrg 3/7)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD, THE COMMISSIONER OF
COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL
Regular Committees
CIVIL SERVICE
(Bonnie E. Russell, Chairperson)
NO. 72
Appointment Electrician (Max)(PW) (ccp# 33, 2/7)
That Communication 33 of February 7, 2006 be received and Filed and that the permanent appointment of Richard L. Fontana
Stated above at the maximum salary of $31,838 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 73
Appointment Police Lieutenant (Max)(Pol)
(ccp# 38,2/7)
That Communication 38 of February 7, 2006 be received and Filed and that the permanent appointment of David Stabler Stated
above at the maximum salary of $66,315 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 74
Budget & Personnel Amendment
21- Department of Fire
1135 - Alarm System
1142 - Emergency Medical Services
(Item No. 127, C.C.P., Feb. 7, 2006)
That the Budget & Personnel Amendment as contained in Item No. 127, C.C.P., February 7, 2006, be and the same hereby is
approved.
PASSED
AYES — 9 NOES -0
FINANCE
(Brian C. Davis, Chairman)
NO. 75
Proposed Pkg Agree Mod Comfort Suites Formerly
Journey's End Hotel Downtown Bflo(Pkg Bd)
(CCP# 9,2/7)
That the above item is hereby received and filed.
ADOPTED
NO. 76
Bflo Civic Auto Ramps -Mgmt Agreement(Pkg Bd)
(CCP# 10,2/7)
That the above item is hereby received and filed.
ADOPTED
NO. 77
Grass Cutting Invoice Transfers
(Item No. 32, C.C.P., Feb. 7, 2006)
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to abate the invoices as attached in
the total amount of $37,750.00. That the Commissioner of Assessment be, and she hereby is authorized to place the charge(s)
on the Local tax rolls.
PASSED
AYES -9 NOES -0
NO. 78
Drug Asset Forfeiture Wire Transfers (pol)
(CCP# 35
That the above item is hereby received and filed.
ADOPTED
NO. 79
Drug Asset Forfeiture Annual Certification Report /Audit
For FY Ending 6/30/05(pol) (CCP# 25
That the above item is hereby received and filed.
ADOPTED
NO. 80
Erie County Reneging on Tree Maintenance
(Item No. 105, C.C.P., Oct. 18, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the above item be and the same hereby is received and filed
ADOPTED
LEGISLATION
(Richard A. Fontana, Chairman)
NO. 81
Appointment H. McCarthy Gipson —
Commissioner of Police
Item No. 5, C.C.P., Feb. 7, 2006)
That the appointment of H. McCarthy Gipson, residing at 72 Northington Drive, East Amherst as Commissioner of Police, be and
it hereby is approved.
PASSED
AYES — 9 NOES —0
NO. 82
DELEGATE NOMINATION TO BFLO ELEVATOR SAFETY REV BD(ECPI)
(CCP# 39
That the above item is hereby received and filed.
ADOPTED
NO. 83
STATUS OF RED HELMETS(FIRE)
(CCP# 23,11/1 )
That the above item is hereby received and filed.
ADOPTED
NO. 84
USED CAR DEALER 116 MYRTLE(ELL)(EC. DEV /PERMITS)
(CCP# 36,1/10)
That the above item is hereby received and filed.
ADOPTED
NO. 85
R. FONTANA -D. PASTERNAK -REQ PURCHASE OF PAPER STREETS - WILLETT & FENTON
That the above item is hereby received and filed.
ADOPTED
(CCP# 76,5/31 )
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 86
SEQR LEAD AGENCY DESIGNATION - GENESEE VILLAGE URBAN RENEWAL PLAN
(ITEM NO. 6, C.C.P., FEB. 7, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to the New York State Environmental Quality Review Act (SEAR) Part 617 6NYCRR, Article 8, the Common
Council of the City of Buffalo is authorized to accept the designation of Lead Agency Status for the Genesee Village Urban
Renewal Plan.
ADOPTED
NO. 87
CITY PLANNING BOARD FINDINGS - OAK STREET URBAN RENEWAL PLAN
ADDITIONAL SITE DESIGNATION AND PLAN AMENDMENT - PROPERTIES
LOCATED ON THE WEST SIDE OF MAIN STREET, BETWEEN VIRGINIA AND ALLEN STREETS
(ITEM NO. 7, C.C.P., FEB. 7, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report for the proposed
Additional Site Designation and Oak Street Urban Renewal Plan Amendment the following findings:
1. Proposed land uses have been identified in the project description;
2. No additional acquisition is proposed, at this time, although the parcels identified in the additional site designation area may be
part of future acquisition, or infrastructure improvements, and demolition of structures will be looked at on an individual basis and
only considered as part of an expansion or new development proposal that would involve new structures or the relocation of
structures;
3.Any financial aid to the municipality, from any source, that may be necessary to enable the project be undertaken in accordance
with the plan;
4. If any relocation is necessary the City shall follow established Federal Relocation guidelines for residential and commercial
relocations;
5. There is no proposed acquisition of air rights with this amendment;
6. Customary urban renewal methods and techniques are being used to carry out this plan amendment;
7. Studies will require prior to any new public, semi - public, private or communities or utilities installations;
8. This plan amendment does not repeal or institute any existing codes or ordinances;
9. This Plan Amendment allows for code enforcement efforts already identified within the City's Strategic Investment Corridors and
Comprehensive Code 10. Enforcement Program; This plan amendment extends the duration of the Oak Street Urban
Renewal Plan until May 2016; and
The proposed Additional Site Designation area and Urban Renewal Plan amendment generally conforms to the comprehensive
plan for the development of the community as a whole and is consistent with local objectives as determined by the City Planning
Board; and
That the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15, Article 15 of the General Municipal
Law, that the office preparing an Urban Renewal Plan 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. 88
RESPONSE 870 HERTEL AVENUE(STRAT PLAN)
(CCP# 14,2/7)
That the above item is hereby received and filed.
ADOPTED
NO. 89
A TIME FOR CHANGE (COMPT)
(CCP# 17,2/7)
That the above item is hereby received and flied.
ADOPTED
NO. 90
50 COURT STREET ENVIRONMENTAL REVIEW
(ITEM NO. 109, C.C.P., JAN. 24, 2006)
(ITEM NO. 95, C.C.P., FEB. 7, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED
NO. 91
LAND DISPOSITION AGREEMENT - 50 COURT STREET TO 1097 GROUP, LLC
(ITEM NO. 103, C.C.P., NOV. 29, 2005)
(ITEM NO. 96, C.C.P., FEB. 7, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED
NO. 92
DOWNTOWN RENEWAL PHASE II URBAN RENEWAL AREA - SALE OF LAND - 50 COURT STREET
(ITEM NO. 5, C.C.P., NOV. 29, 2005)
(ITEM NO. 97, C.C.P., FEB. 7, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED
NO. 93
G. BUCHHEIT- NORTHSTAR DEV CORP INFO SALE OF 50 COURT STREET
(CCP# 55,2/7)
That the above item is hereby received and filed
ADOPTED
NO. 94
L. KELLEY & OTHERS REQ DEMO OF MUSKY'S BAR 577 S PARK AVE
HAZ COND -586 S. PARK AVE
That the above item be the same and is hereby referred to the committee on Finance.
ADOPTED
RESOLUTIONS
NO. 95
BY: MR. BONIFACIO,
MR. DAVIS, MR. FRANCZYK
RE: MUNICIPAL CODE VIOLATIONS REPORT
Whereas The Buffalo Common Council adopted the creation of an administrative tribunal known as the "Bureau of Administrative
Adjudication" on March 5, 1996; and
Whereas The Bureau of Administrative is responsible for hearing and determining charges of municipal code violations or
statutory violations and fee disputes that constitute a threat to the public health, safety or welfare; and
Whereas The Bureau of Administrative Adjudication is also responsible for preparing and issuing a notice of violation in blank to
members of the police department, fire department, inspections department street sanitation department, license office and to any
other department, division or office deemed appropriate; and
Whereas The Common Council has a responsibility and duty to monitor quality of life issues that may in turn also constitute a
threat to the public health, safety or welfare of the Citizens of the City of Buffalo; and
Now, Therefore, Be It Resolved:
That the Common Council hereby requests the Bureau of Administrative Adjudication to file a monthly report with this Common
Council indicating the total number of violations cited by the violation type for each department, division and /or office charged with
issuing violation notices.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO. 96
BY: MR. BONIFACIO
SUPPORT FOR CITY OF BUFFALO /BUFFALO SCHOOL DISTRICT SHARED MUNICIPAL SERVICES INCENTIVE GRANT
APPLICATION
Wheras The City of Buffalo, as lead applicant, and the Buffalo Public School District, as co- applicant, have submitted a grant
application to the New York State Department of State Shared Municipal Services Incentive Grant Program to consolidate and
share US Postal Service mail functions to improve efficiency and reduce costs to each entity; and
Whereas The grant will allow for the purchase of digital mail equipment which both the City and the District will be required to
have later this year under mandate by the US Postal Service; and
Whereas The new digital mail equipment can process a greater volume of mail and therefore is capable of handling both the City
and the District outgoing mail; and
Whereas Processing a greater volume of mail from one area will produce an estimated savings of minimally 3 cents per unit with
a potential of up to 10 cents per unit if Postal Service approved sorting is completed on -site; and
Whereas The intended shared mail service between the City and School District will not require a merger of the two separate mail
rooms. The School District's mailroom personnel would deliver its outgoing mail to the city's mailroom for processing and be billed
for the cost of postage, and district personnel would continue to handle and distribute in -house mail and incoming USPS mail; and
Whereas The City mailroom would continue to function in much the same manner as it currently operates with added potential of
handling more outgoing mail and enhanced capabilities of sorting mail on -site eliminating the need for a private company to
provide this service; and
Whereas The Department of State requires a formal resolution of the governing body in support of the grant application and an
intermunicipal agreement between the applicant and the co- applicant.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby extends its support to the Department of State Shared Municipal Incentive
Grant application submitted by the
City of Buffalo and the Buffalo Public School District to share US Postal Service
mail functions; and
Be It Further Resolved:
That this Honorable Body authorizes the Mayor to enter into an intermunicipal agreement with the Board of Education and the
Superintendent of the Buffalo Public School District to accommodate the sharing of mail service functions.
PASSED
AYES - 9 NOES -0
NO. 97
SPONSOR: MR. COPPOLA
APPOINTMENT OF A STUDENT LIAISON TO THE COMMUNITY DEVELOPMENT COMMITTEE
Whereas: The City of Buffalo, New York desires to establish good communications with the university community of the State
University of New York University at Buffalo in order to better identify issues of common concern to students, educators, and the
City; and
Whereas: It is determined that the appointment of a person to serve as a designated Student Liaison to the Community
Development Committee of the Buffalo Common Council will serve to improve communication between the University at Buffalo
and the City of Buffalo; and
Whereas: The Student Liaison, or designated Alternate, shall attend every meeting of the Community Development Committee of
the Buffalo Common Council; and
Whereas: The Community Development Committee of the Buffalo Common Council shall set aside time at each Committee
meeting for the Student Liaison to give a report on student -city relations, if necessary; and
Whereas: The Student Liaison shall provide insight to the Community Development Committee of the Buffalo Common Council
during its regular and special meetings on issues relating to city- student relations or on any agenda item, speaking during the
time allowed for public comment; and
Whereas: The Student Liaison shall provide information to the University at Buffalo community on issues relating to city- student
relations; and
Whereas: Selection of persons to be appointed by the Common Council as Student Liaison and Alternate shall be by the
University at Buffalo Community Relations Advisory Board consisting of both students and professionals of the University at
Buffalo. The Alternate shall attend meetings of the Community Development Committee of the Buffalo Common Council in place
of the Student Liaison in the event that the Student Liaison is absent from a formal meeting of the Council. The Alternate shall
become the Student Liaison in the event the person appointed as Student Liaison ceases to be registered as a full -time student at
the University at Buffalo, is no longer in good academic standing at the University at Buffalo, or is removed by resolution of the
Common Council; and
Whereas: The University at Buffalo Community Relations Advisory Board shall be responsible for advertising for the positions of
Student Liaison and Alternate, creating an application form, facilitating resumes and cover letter collection, and designing the
interview and selection process; and
Whereas: The criteria for selection of persons to be appointed as Student Liaison and Alternate shall be:
a) a registered student, enrolled full -time and in good academic standing at the University at Buffalo whose address is in the City
of Buffalo and who is a registered voter in the City of Buffalo;
b)a student with leadership and communication skills, the desire to serve, and applicable experience;
c) a student whose schedule will permit the appointee to attend every meeting of the Community Development Committee of the
Buffalo Common Council from September 1 to April 30;
d)a student dedicated to serving in the best interests of the relationship between the City of Buffalo and the University at Buffalo;
and
Whereas: The Student Liaison shall notify the City Clerk if he or she will not be able to attend a Committee meeting, and mange
for the Alternate to attend in his or her place; and
Whereas: Upon recommendation of the University at Buffalo Community Relations Advisory Board, or on initiative of the
Common Council, the Student Liaison may be removed by the Common Council for any of the following reasons:
a) two unexcused absences;
b) failure to competently act as a liaison between the City and the University at Buffalo;
c) inappropriate behavior at Committee meetings;
d) inappropriate behavior outside of Committee meetings that is detrimental to the interest of the University at Buffalo and the
City; and
Whereas: The University at Buffalo Community Relations Advisory Board shall begin interviews for the position of Student
Liaison and Alternate on a schedule that allows an opportunity for the Common Council to make appointments no later than
September 1, 2006, upon which date the position of Student Liaison to the Community Development Committee of the Buffalo
Common Council and Alternate shall commence; and
Whereas: -The Student Liaison and Alternate shall serve a term of one year, from September 1 to April 30 of each year.
Now Therefore Be It Resolved:
That the City of Buffalo Common Council shall each year appoint a person registered as a full -time student at the University at
Buffalo to the position of non - voting ex- officio Student Liaison to the Community Development Committee of the Buffalo Common
Council based on the criteria and regulations mentioned above; and
Be It Further Resolved:
That this item be sent to the Committee of Community Development for further discussion.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 98
BY MR. DAVIS
NYS EMPIRE ZONE - REGIONALLY SIGNIFICANT PROJECT INCLUSION
WHEREAS, Local Law No. 5 (1994), adding §281 of article 14 of the chapter of the City of Buffalo in relation to establishing an
Economic Development Zone, was signed by Anthony M. Masiello, Mayor of the City Of Buffalo; and
WHEREAS, companies that move to or expand in Empire Zones are eligible for wage and investment tax credits, sales tax
refunds, real property tax credits, and utility discounts; and
WHEREAS, the Buffalo Economic Renaissance Corporation (BERC) is the designated City agency, responsible for the overall
supervision of the City of Buffalo's EMPIRE ZONE operations; and
WHEREAS, New Era Cap Company, Inc. is a world leader in sports caps and headwear and is the exclusive Authentic
Collection cap of Major League Baseball (NAICS 315990). New Era is also licensed to manufacture caps for the National
Basketball Association National Hockey League and major colleges. New Era as been in business for 85 years: and
WHEREAS ,:New Era is planning to acquire the former Federal Reserve Bank building at 160 Delaware Avenue, Buffalo
and convert that to its new global headquarters Investment in acquisition land renovation of the new headquarter facility
will total over $10.000,000: and
WHEREAS, New Era's expansion includes re- investment into the Derby facility. The renovation of the building will modify existing
office space into manufacturing space plus the addition of new equipment with a total budget of $3,200,000; and
WHEREAS, New Era will retention 331 manufacturing jobs and 180 headquarter jobs. In addition, the company will add 119
manufacturing jobs and 120 headquarter jobs over three years. The average wages of the manufacturing jobs is $35,000 and
$50,000 for the headquarter positions; and
WHEREAS, the addition of these two locations to the Empire Zone, Derby manufacturing and Buffalo headquarters, will result in
the retention and addition of over 800 jobs in New York State; and
WHEREAS, the Project is consistent with the Development Policy adopted by the Buffalo Empire Zone Administrative Board by
virtue of its location in a 'target area' (Downtown Buffalo) and by virtue of its status as a 'target industry' (manufacturing); and
THEREFORE, BE IT RESOLVED, that New Era Cap Co. is requesting inclusion into the Empire Zone #38 of the City of Buffalo
as a regionally significant project under GML { }957 paragraph (ii) of subdivision (d) as amended in §14 of Chapter 63 of the Laws
of 2005; and
BE IT FURHTER RESOLVED, the Buffalo Empire Zone Administrative Board finds that the proposed New Era Cap Co. Project
qualifies as a regionally significant project; and
BE IT FURTHER RESOLVED, the Buffalo Empire Zone Administrative Board authorizes the addition of New Era Cap Co. to
Empire Zone #38; and
BE IT FINALLY RESOLVED, that the City of Buffalo shall pass a local taw allowing for the inclusion of the New Era Cap Co.
Project into Empire Zone #38 of the City of Buffalo as a regionally significant project,
ADOPTED
NO. 99
BY: MR. DAVIS
CONSTRUCTION OF THE PROPOSED FEDERAL COURTHOUSE
Whereas: President Bush recently announced his proposed 2007 budget which includes no money for the construction of a new
Federal Courthouse in the City of Buffalo; and
Whereas: This decision comes in the wake of the federal court system's demand that the General Services Administration, which
builds and maintains federal buildings, cut its rent in half for courtroom space around the country; and
Whereas: First proposed in 2002, the construction of the courthouse has previously been delayed twice, first in 2003 and again in
2006, when it was listed as the top priority among courthouse projects nationwide as ranked by the Judicial Conference
Committee of the U. S. Courts; and
Whereas: The building in and of itself is seen as a centerpiece of downtown Buffalo development, dramatically representing the
future of a city boasting a treasury of great architecture from its past.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby goes on record in support of the construction of a new federal courthouse
to be built on Niagara Square, in the heart of downtown Buffalo, and fully supports the efforts made by Chief Judge Richard J.
Arcara and Judge William M. Skretny, who have been overseeing the project. The Council also fully supports and encourages
Congresswoman Louise M. Slaughter, Congressman Brian M. Higgins, Congressman Thomas J. Reynolds, US Senator Hillary
Rodham Clinton and US Senator Charles E. Schumer to fight for the funding of this project; and
Now, Therefore, Be It Further Resolved:
That the City Clerk is hereby directed to forward certified copies of this resolution to Debi Schilling, director of budget for the
General Services Administration, Richard Carelli, a spokesman for the Administrative Office of the U. S. Courts, the US Senators
representing New York State, Mr. Charles E. Schumer and Mrs. Hillary Rodham Clinton, Congresswoman Louise M. Slaughter,
Congressman Brian M. Higgins and Congressman Thomas J. Reynolds;
And Be It Finally Resolved:
That this item be referred to the appropriate Common Council committee for further discussion.
ADOPTED
BY: MR. DAVIS
NO. 100
CITY OF BUFFALO
LOCAL LAW NO. -- (2006)
INTRODUCTORY NO. 5 (2006)
FG1X619GI01 FG1TOt
amending Article six of the Charter of the City of Buffalo in relation to the properties located in the empire zones.
WHEREAS, by Local Law No. II of 2006, the City of Buffalo authorized the Buffalo Economic Renaissance Corporation to prepare
and submit an application for designation of Empire Zone 38, pursuant to Section 961 of the General Municipal Law, and the
creation of such Zone was approved by the New York State Commissioner of Economic Development and such Zone was
formally designated by the Empire Zones Designation Board; and
WHEREAS, pursuant to Sections 961 and 957(d) of the General Municipal Law, as amended, the City of Buffalo hereby
authorizes the Buffalo Economic Renaissance Corporation, a municipal corporation, to prepare and submit the City of Buffalo's
application for redesignation of existing Empire Zone 38 into "distinct and contiguous areas ", and for "regionally significant
projects," including a description of the areas identified for such redesignation, to the New York State Commissioner of Economic
Development for ultimate approval by the Empire Zones Designation Board; and
WHEREAS, such designation could greatly benefit the City of Buffalo, in that new businesses would be encouraged to locate in
the one area, existing businesses would be encouraged to expand in the one area, and new and expanded businesses would
generate new jobs for City of Buffalo residents; and
WHEREAS, a draft of the amended Zone Development Plan is hereby authorized to be submitted along with the redesignation
application to the New York State Commissioner of Economic Development.
NOW THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows:
Section 1. The Buffalo Economic Renaissance Corporation is hereby authorized and empowered to submit an application for
redesignation of certain areas within the City of Buffalo as Empire Zone 38; provided, however, that such authorization and
empowerment shall be conditioned upon the concurrence, through a properly adopted resolution with respect to such application
of the governing body of the City of Buffalo, of which such zone is located.
Section 2. The boundaries of said areas to be included in said Empire Zone shall be as set forth in Schedule A, which is attached
hereto and made a part hereof, and that Section 6- 14(3), Empire Zones, of the Charter of the City of Buffalo be amended to read
as such.
Section 3. Pursuant to the requirements of Section 963(a) of the General Municipal Law, the Buffalo Economic Renaissance
Corporation shall continue to serve as the Local Empire Zone Certification Officer of City of Buffalo Empire Zone 74, and shall,
pursuant to regulations promulgated pursuant to Article 18 -B of the General Municipal law, perform the following duty, to wit:
certify, jointly with the New York State Commissioner of Labor, those business enterprises that are eligible to receive those
benefit referred to in Section 966 of the General Municipal Law, and any other applicable statutes.
Section 4. Pursuant to Article 18 -B of the General Municipal Law, the Local Empire Zone Administrative Board as presently
constituted is hereby continued. The Local Empire Zone Administrative Board, pursuant to Section 963(a) of the General
Municipal Law, as amended, shall approve for certification by the Zone Certification Officer, the New York State Commissioner of
Economic Development, and the New York State Commissioner of Labor, the applications of those businesses eligible for
certification to receive the benefits referred to in Section 966 of the General Municipal Law, and shall perform all other duties
required of it pursuant to Section 963(b) of the General Municipal Law.
Section 5. This Local Law shall take effect upon filing in the Office of the Secretary of State as provided by Section 27 of the
Municipal Home Rule Law.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this Local
law is necessary.
APPROVED AS TO FORM
Matter in brackets to be deleted, matter underlined is new.
PASSED
AYES - 9 NOES -0
NO. 101
BY: BRIAN C. DAVIS
PACKARD BUILDING PILOT
WHEREAS: The Common Council of the City of Buffalo, New York (the "Council "), recognizes the need to develop a sufficient
supply of adequate, safe and sanitary dwelling accommodations, for its homeless and transitional citizens, properly planned and
convenient to public facilities; and
WHEREAS: The Council believes that such specialized accommodations, constructed according to the requirements of town
planning, will help to maintain property values in the municipality, thus protecting the sources of public revenue; and
WHEREAS: The Council recognizes that the investment of private funds in entities engaged in providing such accommodations
can be encouraged by authorizing such entities to acquire real property pursuant to the provisions of Article XI of the New York
Private Housing Finance Law, thereby entitling such entities to seek certain benefits available to redevelopment companies under
such Law; and
WHEREAS: Packard Building Housing Development Fund Corporation, a redevelopment company organized under Article XI of
the Private Housing Finance Law, has proposed to purchase property on Main Street in the City of Buffalo, New York, for the
purpose of erecting affordable housing for low- income individuals.
NOW, THEREFORE, IT IS RESOLVED: That the real property identified as SBL 100.47 -3 -3, but excluding SBL 100.47 -3 -3z, in
the City of Buffalo, New York, be exempted from real property taxes to the full extent permitted by Section 577 of the Private
Housing Finance Law pursuant to the terms of the attached PILOT, conditioned upon Packard Building Housing Development
Corporation and Packard Building LLC, having entered into a Payment in Lieu of Taxes Agreement with the City of Buffalo, New
York in substantially the form presented; and
BE IT FURTHER RESOLVED: That this Body hereby authorizes the Mayor and the Commissioner of Assessment and Taxation
to enter into a PILOT Agreement in substantially the form attached hereto subject to final approval by the Buffalo Common
Council.
PASSED
AYES - 9 NOES -0
101WNGYa
BY: FRANCZYK
ALL COUNCILMEMBERS
EXTRAORDINARY AID FOR DEMOLITION CRISIS
WHEREAS: Buffalo has a demolition problem of Herculean dimensions that cannot be adequately addressed by resources
currently available to the city; and,
WHEREAS: The presence of these slum properties scar numerous city neighborhoods, thus degrading our great city in the eyes
of the world; and,
WHEREAS: A report released by the Cornell Cooperative Extension Association of Erie County in January 2004, estimated that
there were 7000 vacant structures in Buffalo in late 1998; and,
WHEREAS: The City of Buffalo has demolished 4,448 structures from 1996 through 2005, indicating that at least an estimated
3,000 identified properties remain to be demolished; and,
WHEREAS: Nine hundred and eighty -five city or privately owned properties are on the current demolition list, but there is only
$1.3 million cash -on -hand in Capital Improvement Bond Funds and Community Development Block Grant Funds to tear these
structures down, with $3.9 million earmarked in the upcoming budget in bond funds and CDBG, which is far short of the estimated
$10 - million needed to eliminate these buildings; and,
WHEREAS: The recently approved City of Buffalo Comprehensive Plan calls for 1000 structures to be torn down a year, at a cost
of an average of $10,000 per structure; and,
WHEREAS: The City of Buffalo needs an infusion of extraordinary, special aid, above and beyond what the city is able to budget,
to wipe out this ugly, dangerous blight once and for all, thus opening up beleaguered neighborhoods to redevelopment and
renewal; and,
WHEREAS: Monies should also be earmarked for development of the land following demolition so the site won't remain vacant,
unused or an eyesore; and,
WHEREAS: The Administration of Mayor Byron Brown has expressed support for additional aid to the City of Buffalo to address
the demolition problem in the city, as well as other initiatives;
NOW THEREFORE BE IT RESOLVED:
That the Common Council request that the local Federal and State delegations be asked to identify a consortium of new funds of
a least $10 - million to be earmarked for the demolition and redevelopment of those sites currently occupying properties
scheduled for or needing to be tom down;
BE IT FURTHER RESOLVED:
That the Common Council meet with, lobby, and discuss these issues with the local delegation, which has historically advocated
on behalf of the City of Buffalo and its citizens.
BE IT FINALLY RESOLVED:
That copies of this resolution be forwarded to United States Senators Hillary Rodham Clinton and Chuck Schumer, Congressmen
Louise Slaughter and Brian Higgins, New York State Senator William J. Stachowski and Dale Volker and Assemblymen Paul
Tokasz, Sam Hoyt, Crystal Peoples and Mark Schroeder.
ADOPTED
NO. 103
RESOLUTION
By: Mr. Franczyk and Mr. Davis
REQUIRING A SITE PLAN WITH LICENSE APPLICATIONS
WHEREAS :The City of Buffalo has many businesses operating such as used car dealers, junkyards and scrap processors
having external factors such as but not limited to placement of the building, vehicle parking, fencing, lighting, and paving.
WHEREAS: Many of these business operations conduct various activities from a single parcel of land having mixed "Permitted
Uses" and requiring multiple "City Licenses" in order to operate within the City of Buffalo.
WHEREAS: The Common Council is required to approve many of these license applications and in doing so must consider the
impact of such activity upon the environment, upon surrounding residential neighborhoods and upon relevant factors such as
noise, foul odors, traffic patterns, ease of ingress from the proposed activity and factors of public health, safety and welfare.
WHEREAS: In order for the appropriate Departments and the Common Council to conduct a comprehensive and thorough review
of license applications, the applicant should provide additional documentation.
Now, Therefore Be It Resolved:
That the Common Council hereby requests that the Department of Economic Development and Permits & Inspections with the
assistance of Corporation Counsel draft the necessary ordinance amendments in order to require that a "Site Plan" be provided
as a fundamental element of the license application process for all business operations with "external factors" to assist the
Zoning /Permit Office and the Common Council in conducting their respective reviews for the approval of these license
applications.
REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF STRATEGIC PLANNING AND THE CORPORATION
COUNSEL
NO. 104
By: Mr. Franczyk
Re: Trailblazing Sign Request for Pastor Kenneth Wilkerson
WHEREAS: KENNETH W1 LKERSON was born on February 9, 1930, in Mount Olive, Mississippi and
WHEREAS: After finishing high school in Mississippi, Kenneth Wilkerson earned a Bachelor of Arts Degree from the University at
Buffalo, a Bachelor of Theology from Ohio Christian College, and a Masters of Pastoral Theology from Andersonville Baptist
Seminary in Camilla, Georgia; and
WHEREAS: Kenneth Wilkerson met "'Miss Jean "; as he calls her in September of 1956. After a whirlwind courtship, they were
married on December 15, 1956. They have one daughter; Renee, and two grandchildren; Tamara and Terrell," and
WHEREAS: Pastor Wilkerson entered the ministry on July 31, 1957. He organized the First Timothy Missionary Baptist Church on
April 18, 1958. The congregation worshipped at a rented storefront until August 1969, when they purehased their first piece of
property. In 1976,they purchased 1467 Genesee Street, and in 2003, they constructed a new building on Genesee Street," and
WHEREAS: In honor of Pastor Kenneth Wilkerson, the Senior Women's Department of the First Timothy Missionary Baptist
Church has respectfully requested that this Honorable Body place three trailblazing markers up on Genesee Street at Ivy Street,
St. Louis Street, and Moselle Street,"
Now, Therefore be it Resolved:
That the Common Council joins in with the members of First Timothy Missionary Baptist Church in expressing its sincere
appreciation to Pastor Kenneth Wilkerson for his dedication and commitment to his congregation, community, family, and
residents of the City of Buffalo; and
Be it Further Resolved:
That the Common Council of the City of Buffalo does hereby approve the Centennial A.M.E. Church "s request to place three
trailblazing markers up on Genesee Street at Ivy Street, St. Louis Street, and Moselle Street in honor of PASTOR KENNETH
WILKERSON.
PASSED
AYES — 9 NOES — 0
NO. 105
Resolution
Sponsor: Mr. Golombek
Providing Public Input Into The Burchfield -Penny Art Center Project
Whereas, the Burchfield -Penny Art Center is a renowned state -owned museum located on the Buffalo State College Campus;
and
Whereas, Burchfield -Penny is building a new $33 million Art Center financed in large part by taxpayer dollars; and
Whereas, museums and College Campuses are public institutions that should encourage public involvement and participation;
and
Whereas, Forever Elmwood an organization of business owners and residents has been rebuked when requesting information or
seeking inclusion into the decision making process regarding the Burchfield -Penny Art Center project; and
Whereas, Ted Pietrzak director of the Art Center has acknowledged the lack of public meetings regarding this project; and
Now Therefore Be It Resolved
That the Buffalo Common Council supports public input into the design of the new Burchfield -Penny Art Center and requests
Buffalo State College and the Art Center to establish a process for obtaining public input into this important project.
Be It Further Resolved
That the City Clerk is hereby directed to forward a copy of this adopted resolution to Buffalo State College, the Burchfield -Penny
Art Center and to Forever Elmwood.
ADOPTED
10 WN 1111
Sponsor: Mr. Kearns, Mr. Fontana
Eliminating Rented Office Space by
Swapping Other Vacant Office Space
Whereas: This resolution is being simultaneously filed with the Erie County Legislature by Legislator Timothy Kennedy; and
Whereas: The Buffalo Fiscal Stability Authority (BFSA) and Erie County Fiscal Stability Authority (ECFSA) separately rent office
space at an annual cost of $33,000 and $27,000 respectively; and
Whereas: Rental costs are paid from the operating budgets of each authority; however authority budgets utilize funds that would
otherwise have been paid to the respective taxing governments had they not been diverted to each authority for their use;
consequently, each authority's operating costs are in fact borne by tax - payers; and
Whereas: The Buffalo Fiscal Stability Authority remits its annual rental payments amounting to $33,000 to the Buffalo Enterprise
Revitalization Corporation (BERC); hence the City of Buffalo does not directly benefit from the rental payments; and
Whereas: As reported in news media, the ECFSA, when selecting its office space, stated it's desire to be independent of the
government that they oversee and that it would be incompatible to share office space within the same building; and
Whereas: The City of Buffalo and the County of Erie respectively, each have substantial vacant office space available for use
within City and County Hall and the cost of using the vacant office space would be minimal since the office space is currently
heated, ]it and maintained for security, building integrity and environmental reasons; and
Whereas: Consideration of a unique and innovative vacant office space swap endeavor that would have the ECFSA utilize vacant
office space within City Hall rent -free and likewise have the BFSA utilize vacant office space within Erie County Hall rent -free
would be of tremendous benefit to all involved since it would:
• Allow rental funds to be redirected to other needs or eliminated in an overall cost reduction effort that would save taxpayers
approximately $60,000 annually,
• Mitigate the independence issues raised by the ECFSA,
• Recapture office space for BERC's rental to non - government funded groups,
• Re- utilize vacant office space within government owned buildings at little or no expense,
• Demonstrate inter - municipal cooperation and distribution of similar if not equal burden on adjacent levels of government,
• Enable each authority to lead by example in efforts to explore the sharing of other costs and /or services.
Now Therefore Be It Resolved:
That a copy of this resolution be forwarded to the BFSA, the ECFSA, the Mayor of the City of Buffalo, the Erie County Executive
and to the members of our New York State Delegation; and
Be It Further Resolved:
That the BFSA, the ECFSA, the Mayor and the Erie County Executive report back to the legislative branches of City and County
government, of the feasibility of this endeavor.
ADOPTED 2 ND RESOLVE REMAINDER TO COMMITTEE ON FINANCE
NO. 107
BY: Ms. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
21 - DEPARTMENT OF FIRE 1139 - SUPPORT SERVICES
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 21 - Department of Fire 1139 - Support Services
which currently reads:
0 Battalion Chief207 -A $ 67,750
Is hereby amended to read:
2 Battalion Chief207 -A $ 67,750
IT HEREEBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is
necessary.
JAMES B MILROY Ph.D., COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS AND MICHAEL
LOMBARDO, COMMISSIONER OF FIRE, hereby certify that the above change is necessary for the proper conduct,
administration and performance of essential services of that department. We recommend that the compensation for said position
be fixed at the respective amount set forth in the foregoing ordinance.
PASSED
AYES — 9 NOES — 0
NO. 108
RESOLUTION
By: Mr. Thompson
Parent Involvement in Buffalo Public Schools
Whereas: The Buffalo Board of Education believes that education is the shared responsibility of the student, parent, family,
school, and community and that the academic achievement and success of our students depends on the strength of the
partnerships developed among these stakeholders; and
Whereas: To ensure success for all of the students, in 1999, the Buffalo School District adopted a policy to support parent
involvement by providing a continuum of activities including all six of the following types of involvement taken from the work of
Joyce Epstein, as adopted by the National Network of Partnership Schools: Parenting (Help parents with child- rearing skills and
child development); Communication (Communicate with families about school and programs); Volunteerism (Improve
circumstances to make it easier for parents to volunteer); Learning at Home (Teach parents learning activities to use at home);
Decision Making (Include parents in making decisions at the school); and Collaboration with the Community (Coordinate services
for families and students and provide services to the community); and
Whereas: All schools may use the framework of the six types as a guide, each school chooses the practices that will help achieve
the important goals and meet the needs of its students and families.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby goes on record in support of the Parent Involvement Policy adopted in
1999 by the Buffalo School District; and
Now, Therefore, Be It Further Resolved:
That this Honorable Body hereby requests that the Buffalo Board of Education provide the Council with any and all information
regarding the current programs in practice at each school that are based on the six types of involvement as outlined above, and
specifically the participation rate /attendance rate of parents at parent- teacher conferences; and
Now, Therefore, Be It Further Resolved:
That this Honorable Body also requests that the Board of Education provide the Council with an inventory of present practices of
school - family- community partnerships for each school in the district, an outline of the vision of how practices of partnership will
develop and improve over three years, an evaluation be performed each year in order to continue improving practices, and
information on how this Council can assist students, families, schools and communities to form future partnerships; and
Now, Therefore, Be It Finally Resolved:
That this item is referred to the appropriate committee of the Common Council for further consideration.
ADOPT 1 ST RESOLVE THE REMAINDER REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 109
By: Mr. Thompson
Request Quarterly Reports on Emergency Services Grant (ESG), Fair Housing and Housing Opportunities for People
with Aids ( HOPWA) Block Funds Agencies from BURA & Community Services
Whereas: The Community Development Block Grant (CDBG) program begun in 1974 to provide
programs to assist in activities that benefit low- moderate income persons and to address one of the following national objectives:
prevention or elimination of slum or blight, community development needs having a particular urgency, because existing
conditions pose a serious and immediate threat to the health or welfare of the community; and
Whereas The Buffalo Common Council involvement with the Community Development Block Grant (CDBG) process is limited to
approximately a week on an annual basis, at which time the CDBG allocation and selection process in regards to the Public
Service, ESG and HOPWA grant administration and recipients selection is done; and
Whereas The Council receives quarterly reports on all Public Services agencies receiving CDBG funds, However, the Council
does not receive Fair Housing, ESG or HOPWA agencies reports. The Council participation is done by relying on verbal
information from the Office of Strategic Planning and Community Services Department without any pertinent information or
reports on the agencies performance or progress in meeting their performance goals; and
Whereas The Common Council ultimately must approve the CDBG allocation for each year, it would be beneficial and helpful if all
pertinent documentation relied upon by the Office of Strategic Planning and Community Services were provided to the Common
Council on a quarterly basis throughout the year.
Now, Therefore, Be It Resolved That:
This Common Council does hereby request that Timothy E. Wanamaker, Executive
Director of the Office of Strategic Planning and the Vice President of BURA provide this Council with Quarterly reports on ESG
Grant recipients and their performance level; Additionally Fair Housing Reports on a Quarterly basis from all Fair Housing grant
recipients should also be forwarded to the Council; and
Be It Further Resolved That: The Common Council does hereby request that Tanya Perrin Johnson, Commissioner of the
Department of Community Services provide the Council with Quarterly reports on HOPWA Grant recipients and their performance
levels; and
Be It Finally Resolved That:
The City Clerk is directed to provide certified copies of this resolution to City of Buffalo Mayor Byron W. Brown, Timothy E.
Wanamaker, Executive Director, Office of Strategic Planning and to Tanya Perrin - Johnson, Commissioner of the Department of
Community Services, upon adoption of this resolution.
ADOPTED
No. 110
By Mr. Thompson
Felicitations /In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated:
Felicitation for G. Carter Jr.
By Councilmember, Davis, Thompson, & City Clerk, Gerald Chwalinski
Felicitation for L. Jackson
By Councilmember Russell, Davis, & Thompson
ADOPTED
No. 111
BY: ANTOINE M. 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:
Maria Pietras Jennifer Williams
TOTAL 2
No. 112
BY: ANTOINE M. THOMPSON
Tuesday, February 28, 2006 at 9:45 o'clock
Committee on Finance following Civil Service
Appointments
Committee on Legislation P.M.
Commissioners of Deeds
Committee on Claims
Required for the Proper
Committee on Comm. Dev. A.M.
Performance of Public Duties
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006, conditional
upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo
Mark Antonio Sr
William Hageman
Kevin Maloney
Jonathon Nasca
Janet Wacienga
Michael Brown
Charles Carier
Paul Noreck
James Maroney
Mary Schuster
Jonathon Walton
change and cancellation by the respective Chairmen of Council Committees. In
TOTAL 11
the Citv Clerk's Office is not made aware: therefore. unless we receive notice from the respective Chairmen. we can only make
No. 113
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.
Reaular Committees
Committee on Civil Service A.M.
Tuesday, February 28, 2006 at 9:45 o'clock
Committee on Finance following Civil Service
Tuesday, February 28, 2006 at 10:00 o'clock A.M.
Committee on Legislation P.M.
Tuesday, February 28, 2006 at 2:00 o'clock
Committee on Claims
Wednesday, March 1, 2006 at 9:30 o'clock AM
Committee on Comm. Dev. A.M.
Wednesday, March 1, 2006 at 10:30 o'clock
Special Committees
Special Leg. Comm.
Wednesday, February 22, 2006 at 11:00 o'clock A.M. on Fair Housing In
Room 1417 City Hall.
Special Leg. Comm.
Wednesday, February 22, 2006 at 1:00 o'clock P.M. on the BMHA Board
Appointments in Room 1417 City Hall.
Bi- National Bridge
Thursday, March 2, 2006 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 Chairmen of Council Committees. In
the event that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby
the Citv 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. 114
Adjournment
On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:10 pm
Board of Police and Fire Pension Proceedings #2 Office of the Mayor -201 City Hall February 16, 2006 Present:; Byron W. Brown,
Mayor; David A. Franczyk, Council President -
Frank Bellioti, Deputy Comptroller, Alisa A. Lukasiewicz, 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 months of February 2006 amounting to $6,610.00, 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 February 2006 amounting to $6,565.00,
respectively, 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
On motion by Mr. Bellioti, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.
Common Council
City Hall Buffalo
Special Session
Tues February 14, 2006
At 1:30pm
Present: David Franczyk President of the Council, and Council Members, Bonifacio, Davis, Fontana, Golombek, Kearns,
Russell and Thompson — 8
Absent Coppola —
NO. 1
Call for Special Session
Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated February 9,
2006 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City
Hall, Buffalo, New York, on February 14, 2006 at 1:30 P.M. for the following purposes:
To receive and take appropriate action on
All Items Relating To
1. Block Grants
2.
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five
Councilmembers, dated February 9, 2006, DAVID A. FRANCZYK, President of the Common Council, has called a Special
Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Tuesday, February 14,
2006 at 1:30 P.M. for the following purpose:
To receive and take appropriate action on all items relating to
1.) Block Grants
Hon. David A. Franczyk President Common Council 1315 City Hall Buffalo, New York
WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council,
pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose:
To receive and take appropriate action on All items pertaining to
1. Block Grants
We request that this Special Meeting be held on February 14, 2006 at 1:30 P.M.
Antoine Thompson Bonnie Russell
Richard Fontana Joseph Golombek
Michael Kearns
Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of
the Common Council, to wit:
DOMINIC BONIFACIO BRIAN DAVIS
JOSEPH GOLOMBEK BONNIE E. RUSSELL
MARC COPPOLA RICHARD FONTANA
MICHAEL KEARNS ANTOINE THOMPSON
hereby states that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common
Council duly called to be held on February 14, 2006/ :307.
Antoine Thompson Michael Kearns
Bonnie Russell Dominic Bonifacio
Richard Fontana Brian Davis
Joseph Golombek Marc Coppola
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
On this 10th day of February 2006, before me, the subscribers, personally appeared
To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally
acknowledged to me that they executed the same.
On a motion by Mr. Bonifacio seconded by Mr. Fontana the Council Recessed until 3:25PM
Present: David Franczyk President of the Council, and Council Members, Bonifacio, Davis, Fontana, Golombek, Kearns,
Russell and Thompson — 8
Absent Coppola — 1
No. 2
Discharge Community Development Committee -
Community Development Block Grant Year 32
(No. 3 CCP 2/7/06)
The above item is currently in the Community Development Committee; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the Community Development Committee from further consideration of this
item, and said item is now before the Council.
Adopted
"2006 -2007 Annual Action Plan - Spending Plan"
Year 32 Community Development Block Grant
I hereby submit the proposed spending plan for the City of Buffalo's 2006 -2007 Annual Action Plan in accordance with the
allocation of funds set forth by the U.S. Department of Housing & Urban Development:
Community Development Block Grant $16,547,713
HOME Irlvestment Partnership Grant' $ 4,824,057
Emergency Shelter Grant $ 709,936
Housing Opportunities for Persons w /AIDS $ 480,000
'Includes $60,726 for the American Dream Downpayment Initiative (ADDI)
No. 3
RESOLUTION
By: Mr. Franczyk & Mr. Golombek
RE: Amendments to Year 32 Community Development Block Grant
Now, Therefore, Be It Resolved That:
This Common Council does hereby amend the Mayor's Year 32 Community Development Block Grant with the attached
amendments
No 4
Adjournment
On a motion by Mr. Bonifacio, seconded by Mr. Thompson, the Council adjourned at 3:30 pm
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
SPECIAL SESSION
THURSDAY, FEBRUARY 23, 2006 AT 10:00 A.M.
PRESENT : Council President Franczyk and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, Russell and
Thompson -8.
ABSENT - Coppola -1.
NO. 1
CALL FOR SPECIAL SESSION
Mr. Gerald A. Chwalinski
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Chwalinski:
Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated February
21, 2006 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers,
City Hall, Buffalo, New York, on February 23, 2006 at 10:00 A.M. for the following purposes:
To receive and take appropriate action on
All Items Relating To
1. Appts. -BMHA
Yours very truly,
David A. Franczyk
President of the Council
RECEIVED AND FILED.
Mr. David A. Franczyk
President, Common Council
Dear Sir:
We, the undersigned members of the Common Council, hereby request that you call a Special Meeting of the Common Council,
pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose:
To receive and take appropriate action on
All items pertaining to
1. Appts BMHA
We request that this Special Meeting be held on February 23, 2006 at 10:00 A.M.
Dominic J. Bonifacio Jr. Michael Kearns
Marc Coppola Richard A. Fontana
Bonnie E. Russell Jeffrey M. Conrad
Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of
the Common Council, to wit:
DOMINIC BONIFACIO MARC COPPOLA
BRIAN DAVIS RICHARD FONTANA
JOSEPH GOLOMBEK JR. MICHAEL KEARNS
BONNIE E. RUSSELL ANTOINE THOMPSON
hereby agrees that he /she received twenty -four (24) hours' notice of the time and purpose of the Special Meeting of the Common
Council duly called to be held on February 23, 2006 at 10:00 a.m.
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
On this 21 st day of February 2006, before me, the subscribers, personally appeared All Councilmembers
To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally
acknowledged to me that they executed the same.
Gerald A. Chwalinski
My Commission Expires 12/31/06
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five
Councilmembers, dated February 21, 2006, DAVID A. FRANCZYK, President of the Common Council, has called a Special
Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on Thursday, February 23,
2006 at 10:00 A.M. for the following purpose:
To receive and take appropriate action on all items relating to
1) Appts. -BMHA
Yours very truly,
Gerald A. Chwalinski
City Clerk
By: Mr. Bonifacio
NO. 2
DISCHARGE LEGISLATION COMMITTEE
APPT. BOARD OF COMMISSIONERS -BMHA
(CCP #1 CCP 2/21/06)
Whereas: The above item is currently in the Legislation Committee; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the Legislation Committee from further consideration of this item, and said item
is now before the Council
Seconded by Mrs. Russell
ADOPTED.
NO. 3
APPOINTMENT OF MEMBERS TO THE BUFFALO
MUNICIPAL HOUSING AUTHORITY
(CCP #1 - 2/21/06)
Pursuant to the powers vested in me by Subdivision 2, Section 30 of the Public Housing Law, I hereby appoint the following
individuals to the Buffalo Municipal Housing Authority Board of Commissioners, commencing immediately.
Michael A. Seaman 119 Frontenac Ave. Bflo 14216
Ronald Brown 2406 Main St, Apt. B Bflo 14220
Hal D. Payne 1119 Delaware Ave. Bflo 14209
Betty Calvo- Torres 112 Franklin St. Bflo 14202
Who shall serve the unexpired terms of the following former Commissioners:
Thomas P. Higgins
Robert A. Gianadda, D.D.S.
Matthew Brown
Sherrill Colston
I hereby certify that the above -named individuals are fully qualified to serve as members of the Buffalo Municipal Housing
Authority. The resumes of the above -named appointees are attached hereto for this Honorable Body's review.
PASSED.
AYES- BONIFACIO, DAVIS, FONTANA, GOLOMBEK, RUSSELL, THOMPSON -6.
NOES - FRANCZYK, KEARNS -2.
NO. 4
ADJOURNMENT
On a motion by Mr. Bonifacio, seconded by Mr. Fontana, the Council adjourned at 10:43 A.M.
GERALD A. CHWALINSKI CITY CLERK