HomeMy WebLinkAbout06-0418•
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 18, 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
MICHAEL J. LO CURTO - DELAWARE
JOSEPH GOLOMBEKJR. - NORTH
MICHAEL P. KEARNS - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto -
Members
CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek,Jr.,-
Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto,
Bonnie E. Russell, Antoine M. Thompson - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E.
Russell - Members.
LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P.
Kearns, Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie
E. Russell - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, Richard A. Fontana,
Bonnie E. Russell Members
EDUCATION COMMITTEE ;Antoine M. Thompson, Chairman, Michael P. Kearns, Bonnie E. Russell Members
WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J.
Golombek, Jr. - Members
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, APRIL 18, 2006
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana,
Golombek, Kearns, LoCurto, Russell and Thompson — 9.
ABSENT —None
On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on April 4, 2006
were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1
Approve West Side Community Services to
Sub -Lease One Classroom in Former School No. 49
Niagara District
Item No. 65, C.C.P. 5/11/04
The Office of Strategic Planning, Division of Real Estate, has received a letter from the Lucy A. Candelario, Executive
Director of the West Side Community Services requesting permission to Sub -Lease a portion of former School No. 49.
Paragraph 6 on Page 2 of their current lease agreement indicates that the West Side Community Service shall not sublet,
assign, or in any way encumber all or any of its rights under this leasehold without written approval of the City.
The Independent Health Foundation is assisting owners of home day care facilities that are in need of state mandated
renovations by providing temporary space to run their day care centers during the remodeling. The foundation is
responsible for all cost related to running the day care including but not limited to liability insurance. The West Side
Community Services is requesting to rent one classroom for one year commencing in June, at a cost of between $600-
800 per month. They have indicated that the generated income will offset the high cost of utilities and related expenses
incurred by West Side Community Services. (The West Side Community Services pays for Y2 of all the utility costs and the
City pays the other half.)
All other terms of their lease agreement will remain the same. This office is requesting that Your Honorable Body approve
the above - mentioned request, that the Corporation Counsel's Office prepare the necessary documents and authorize the
Mayor to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated April 6, 2006, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and West Side
Community Services, Lucy A. Candelario, Executive Director, for permission to Sub -Lease one classroom of former
School No. 49 for a one (1) year term commencing in June, at a cost of between $600 -800 per month. That the
Corporation Counsel be authorized to prepare the necessary documents and that the Mayor be authorized to execute the
same.
PASSED
AYES — 9 NOES — 0
NO2
APPROVAL OF CONTRACT FOR
SALE OF LAND — 29 NORTHAMPTON
ARTSPACE
The City of Buffalo Urban Renewal Agency duty designated Artspace Affordable Family Housing Corp. and /or joint
venture, partnership, corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject
parcel.
The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary
for your Honorable Body to set a date for a public hearing and to direct the publication of a notice of said heating. In the
interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to
prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded separately are the following documents:
1. Resolution setting Public Heating
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement and Transfer of Parcels from BURA to Artspace
Affordable Family Housing Development Fund Corp. As Nominee For Artspace Affordable Family Housing I, L. P.
After the Public Heating is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to
the Redeveloper, which the Agency has designated as being qualified and eligible.
That the Common Council authorizes the approval of contract for sale of land at 29 Northampton to Artspace Affordable
Family Housing Development Fund Corp.
PASSED
AYES — 9 NOES — 0
NO. 3
Authorize Acceptance of HUD
EDI Special Purpose Grant
The City of Buffalo has been awarded a U.S. Department of Housing and Urban Development EDI Special Purpose Grant
in the amount of $248,0000 to defray the cost of site work on the Artspace Buffalo- Artist Family Lofts.
The Artspace Buffalo project will convert the historic Buffalo Electric Vehicle Co. building into sixty (60) units of low to
moderate - income housing. The conversion will consist of rehabilitating the property at 1219 Main into thirty -six apartments
and the construction of twenty -four (24) new apartments located on the adjacent parcels.
Therefore, we are requesting authorization from your Honorable Body to enter into an agreement between the City of
Buffalo and the U.S. Department of Housing and Urban Development for the acceptance of the grant in the amount of
$248,000 and authorizing Timothy E. Wanamaker, Executive Director of the Office of Strategic Planning, to enter into any
and all agreements necessary to facilitate the acceptance and disbursement of the grant to the sub - recipient.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated March 30,2006, be received and filed; and
That the Executive of Strategic Planning be, and he hereby is authorized to enter into an agreement between the City and
U.S. Department of Housing and Urban Development for the acceptance of EDI Special Purpose Grant in the amount of
$248,000 to facilitate the acceptance and disbursement of the grant to the sub - recipient, Artspace Buffalo.
PASSED
AYES — 9 NOES - 0
NO. 4
Renew Lease Agreement between the City of Buffalo
And Central Referral Services for use of the 24 Floor
of City Hall
Ellicott District
Item No. 78, C.C.P. 6/18/2004
The Office of Strategic Planning, Division of Real Estate, has received a request from Douglas W. Frank, Executive
Director of Central Referral Services requesting to renew their lese agreement for the use of the 24 { Floor of City Hall.
This lease shall commence retroactively on April 1, 2005 and expire on March 31, 2007. All other terms and conditions of
the expired lease shall remain the same and are contingent upon availability of funding. Central Referral Services
provides delinquency prevention programs and runs City /Erie County Kids Hotline. The City provides office space and the
City and County provide funding for the programs.
This office recommends that Your Honorable Body approve the renewal of this lease for an additional two -year period
commencing retroactively on April 1, 2005 and terminating on March 31, 2007. 1 am further recommending that Your
Honorable Body authorize the Corporation Counsel to prepare the necessary lease renewal and that the Mayor be
authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated April 6, 2006, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Douglas W.
Frank, Executive Director of Central Referral Services, for use of the 24 Floor of City Hall for an additional two (2) year
term commencing retroactively on April 1, 2005 and expiring on March 31, 2007. That the Corporation Counsel be
authorized to prepare the necessary lease renewal and that the Mayor be authorized to execute the same.
PASSED
AYES — 9 NOES — 0
NO. 6
St. John Baptist Church
Request to Use City -Owned Lot
1412 Jefferson Avenue, S Corner of Woodlawn
Lot Size: 96' x 100' .
MASTEN DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received a request from Pastor Michael Chapman of St.
John Baptist Church, 184 Goodell Street, Buffalo, New York 14204 to use the City -owned vacant lot at 1412 Jefferson
Avenue. The purpose is to hold prayer services open to the public beginning on Tuesday, July 18 2006 through
Thursday, July 20 "', 2006.
St. John Baptist Church has agreed to clean the lot before and after their use and have provided proof of liability
insurance coverage in the amount of $1,000,000, holding the City of Buffalo harmless from any accident or injury, which
may result from their use of the property.
I am recommending that Your Honorable Body approve the request of St. John Baptist Church to use 1412 Jefferson
Avenue upon the above terms and conditions.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated April 11, 2006, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to grant permission to Pastor Michael Chapman of St.
John Baptist Church, 184 Goodell Street for use 1412 Jefferson Avenue for July 18 -20, 2006, with the terms and
conditions as listed above.
PASSED
AYES — 9 NOES — 0
NO. 6
Rescind Sale
569 Clinton Street
ELLICOTT DISTRICT
Item # 8, C.C.P. June 10, 2003
In the above referenced item Your Honorable Body authorized the sale of 569 Clinton Street to Mr. Manuel Slaughter, 573
Clinton, Buffalo, New York 14210 for the sale price of One Thousand Dollars ($1,000).
Several notices were mailed to Mr. Slaughter requesting to schedule an appointment to close on 569 Clinton. Further
investigation revealed that Mr. Slaughter no longer owns 573 Clinton, so he is no longer eligible to purchase this property.
Therefore, this office is recommending the Common Council approve rescinding the sale and returning the property to our
inventory. The One Hundred Dollar ($100) deposit shall be forfeited as per the terms of the purchase contract.
Mr. Bonifacio moved:
That the communication from the Department of Strategic Planning, dated March 30, 2006, be received and filed; and
That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 569 Clinton Street,
and forfeit the deposit in the amount of one hundred dollars ($100.00) and to return the property to inventory for resale.
PASSED
AYES — 9 NOES — 0
NO. 7
Results of Negotiations
338 Bissell, 604.43'S Ferry
Vacant Lot: 30' x 105'
Assessed Valuation: $2,500
340 Bissell, 474.43'S Ferry
Vacant Lot: 30' x 105'
Assessed Valuation: $2,500
(Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 338 and 340 Bissell from Ms.
Theresa Angel, 336 Bissell, Buffalo, New York 14211. Ms. Angel owns and resides at 336 Bissell, which is adjacent to
338 and 340 Bissell and intends to use these vacant parcels for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range
from Forty Cents ($.40) to Seventy -Five Cents ($ .75), per square foot.
The results of our negotiations are that Ms. Angel has agreed and is prepared to pay Five Thousand Dollars ($5,000),
Eight Cents ($. 80) per square foot for the subject properties. Ms. Angel has also agreed to pay for the cost of the transfer
tax, recording fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 338 and 340 Bissell Street to Ms. Theresa Angel in the
amount of Five Thousand Dollars ($5,000). 1 am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 29, 2006, be
received and filed; and
That the offer from Ms. Theresa Angel, residing at 336 Bissell, in the sum of five thousand dollars ($5,000.00) for the
purchase of 338 and 340 Bissell, be and they hereby are accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES —9 NOES — 0
NO. 8
Results of Negotiations
373 Carlton, 7.26'W Beech
Vacant Parcel: 25' x 90'
Assessed Valuation: $800.
(Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 373 Carlton Street from Mr.
Bobby Horton, 356 Carlton, Buffalo, New York 14204. Mr. Horton owns the vacant lot at 371 Carlton, which is adjacent to
373 Carlton and intends to use the vacant parcel for additional garden area.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range
from Forty Cents ($ .40) to Seventy -Five Cents ($ .75), per square foot.
The results of our negotiation are that Mr. Horton has agreed and is prepared to pay One Thousand One Hundred Dollars
($1,100), Fifty cents ($ .50) per square foot for the subject property. He 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 373 Carlton Street to Mr. Bobby Horton for the amount of
One Thousand One hundred Dollars ($1,100). 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. 9
Results of Negotiations
21 Garner, 189' E Dewitt
Vacant Lot: 27' x 140'
Assessed Valuation: $3,500
(Niagara District)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 21 Garner Street from Mr.
Said Mubarek, 126 Lawn Avenue, Apartment C, Buffalo, New York 14207. Mr. Mubarek owns a two family house at 27
Garner, which is adjacent to 21 Garner Street. He intends to use the vacant parcel for additional yard space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range
from Sixty -Five Cents ($ .65) to Ninety Cents ($ .90), per square foot.
The results of our negotiations are that Mr. Mubarek has agreed and is prepared to pay Two Thousand Eight Hundred
Dollars ($2,800), Seventy -Five Cents ($ .75) per square foot for the subject property. He 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 21 Garner to Mr. Said Mubarek in the amount of Two
Thousand Eight Hundred Dollars ($2,800). 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.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 10
Results of Negotiations
491 Minnesota, 66'W Suffolk
Lot Size: 30' x 130'
Assessed Valuation: Land: $ 5
Total: $ 34
(University District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 491 Minnesota Avenue from
Mr. Kevin Tate, 160 Stockbridge Street, Buffalo, New York 14215. Mr. Tate intends to make repairs in the amount of
Twelve Thousand Five Hundred Dollars ($12,500), in order to bring the one family dwelling into code compliance and use
as a place of residence.
The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and
rehabilitate 491 Minnesota. This structure is a one story, single family, frame, three bedroom home with 1,065 square feet
of living area, situated on a lot 30' x 130'. The house is in poor condition, acquired by the City of Buffalo through tax
foreclosure in 2005
As a matter of disclosure, Mr. Kevin Tate is employed by the Buffalo Urban Renewal Agency and has followed all
requirements to acquire this property.
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 properties in the subject area. Sale prices range
from Four Dollars and Seventy -Five Cents ($4.75) to Seven Dollars ($7.00), per square foot of living area.
The results of our negotiations are that Mr. Kevin Tate has agreed and is prepared to pay Six Thousand Five Hundred
Dollars ($6,500), Six Dollars ($6.00) per square foot of living area. He 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 491 Minnesota to Mr. Kevin Tate for the amount of Six
Thousand Five Hundred Dollars ($6,500). 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 March 29, 2006, be
received and filed; and
That the offer from Mr. Kevin Tate, residing at 160 Stockbridge Street, in the sum of six thousand and five hundred dollars
($6,500.00) for the purchase of 491 Minnesota, 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. 11
Results of Negotiations
21 Townsend, 194.93'N William
Lot Size: 30' x 100'
Assessed Valuation: $1,400
(Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 21 Townsend from Mr. Loren
Crowden, 8445 North Main Street, Eden, New York 14057. Mr. Crowden owns a three family house at 23 Townsend,
which is adjacent to 21 Townsend. He intends to use the vacant parcel for additional yard space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant parcels in the subject area. Sales prices
range from Forty Cents ($ .40) to Seventy Cents($ .70) per square foot.
The results of our negotiations are that Mr. Crowden has agreed and is prepared to pay One Thousand Four Hundred
Dollars ($1,400), Forty -Five Cents ($ .45) per square foot, for the subject property. Mr. Crowden 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 21 Townsenq in the amount of One Thousand Four
Hundred dollars ($1,400) to Mr. Loren Crowden. 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. 12
Results of Negotiations
263 Townsend, 146.62'S Broadway
Vacant Lot: 32' x 100'
Assessed Valuation: $1,200
266 Townsend, 114'S Broadway
Vacant Lot: 32' x 100'
Assessed Valuation: 1,400
264 Wilson, 201.34'S Broadway
Vacant Lot: 30' x 100'
Assessed Valuation: 1,400
266 Wilson, 176.34'S Broadway
Vacant Lot: 26' x 100'
Assessed Valuation: 1,200
(Fillmore District)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 253 and 255 Townsend and
254 and 256 Wilson from E. Square Capital, LLC,
Mr. Eran Epstein, 950 Delaware Avenue, Buffalo, New York 14209. Mr. Epstein's corporation owns property at 937
Broadway and intends to construct a parking lot for his tenants on the Townsend and Wilson properties as referenced
above.
The Division of Permits and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar vacant parcels in the subject area. Sales prices range from
Forty Cents ($ .40) to One Dollar and Fifty Cents ($1.50) per square foot.
The results of our negotiations are that Mr. Epstein has agreed and is prepared to pay Twelve Thousand Dollars
($12,000), One Dollar ($1.00) per square foot, for the subject properties. Mr. Epstein has also agreed to pay for the cost of
the transfer tax, recording fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 253 and 255 Townsend and 254 and 256 Wilson in the
amount of Twelve Thousand Dollars ($12,000) to E Square Capital, LLC. I am further recommending that the Corporation
Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 28, 2006, be
received and filed; and
That the offer from E. Square Capital, LLC, Mr. Eran Epstein, 950 Delaware Avenue, in the sum of twelve thousand
dollars ($12,000.00) for the purchase of 253 and 255 Townsend, 254 and 256 Wilson, be and they hereby are accepted;
and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES — 9 NOES — 0
NO. 13
Results of Negotiations
Various City Lots
St. John's Community Development
Town House Project
The Office of Strategic Planning, Division of Real Estate has received a request from St. John's Community Development
Corporation,185 Goodell Street, Buffalo, New York 14204 to acquire thirty -two (32) vacant city -owned lots for the
construction of twenty -two (22) three bedroom and six (6) four bedroom townhouse style units of housing. The list of
properties is attached. The townhouse project was approved by the City Planning Board on March 28, 2006.
The thirty -two (32) vacant lots consist of approximately ninety -one thousand (91,000) square feet of land. The Division of
Real Estate has investigated the sale of similar properties in the area. Sale prices in the area range from Thirty -Three
Cents ($ .33) to Sixty -Five Cents ($ .65) per square foot.
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 by the purchaser.
The results of our negotiations are:
1. St. John's Community Development Corporation has agreed and is prepared to pay Thirty -Two Thousand Dollars
($32,000), Thirty -Five Cents ($ .35) per square foot for the subject properties.
2. Purchaser has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal descriptions.
3. The City of Buffalo will not provide searches or surveys.
4. The purchase is contingent upon a successful environmental and title review.
In the event any parcel is deemed unsatisfactory for purchase, the City will substitute a parcel of equal value, owned by
the City of Buffalo, in the project area.
I am recommending that Your Honorable Body approve the sale of the subject properties to St. John's Community
Development Corporation in the amount of Thirty -Two Thousand Dollars ($32,000).
I am further recommending that the Executive Director of Strategic Planning and the Corporation Counsel prepare the
necessary documents for the transfer of title and 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 April 6, 2006, be
received and filed; and
That the offer from St. John's Community Development Corporation,
185 Goodell Street, in the sum of thirty -two thousand dollars ($32,000.00) for the purchase of various city lots as listed on
the attached communication, be and they hereby are accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES — 9 NOES — 0
NO. 14
Results of Negotiations
84 Virginia, 75' NE Trenton
Lot Size: 25' x 90'
Assessed Valuation: $2,300
(Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 84 Virginia Street from
Primera Iglesia Methodista Unida Church, c/o Mr. Ben Matta, 62 Virginia Street, Buffalo, New York 14201. The City
vacant lot 84 Virginia will be used in order to gain access to 231 Trenton, which is owned by the Church.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sales prices range
from Sixty -Two Cents ($ .62) to One Dollar and Twenty -Five Cents ($1.25) per square foot.
The results of our negotiations are that Primera Iglesia Methodista Unida Church has agreed to a sales price of Two
Thousand Three Hundred Dollars ($2,300), One Dollar and Two Cents ($1.02) per square foot. The Church 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 84 Virginia to Primera Methodista Unida Church in the
amount of Two Thousand Three Hundred Dollars ($2,300). 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.
That the Common Council authorizes the Office of Strategic Planning to transfer 84 Virginia to Primera Iglesia Methodista
Unida Church for the purchase price of $2,300.00
PASSED
AYES — 9 NOES —0
NO. 15
Results of Negotiations
207 Chandler, 91.62'W Bridgeman
Lot Size: 180'x 140' Assessed Valuation:
Land: $11,300 Total: 85,000
(North District)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 207 Chandler from Joseph
Kapitany and Melissa Italia, owners of KAPS Construction, 98 Ontario, Buffalo, New York 14207. They intends to make
repairs in the amount of Twenty Two Thousand Five Hundred Dollars ($22,500), in order to bring 207 Chandler into code
compliance and use as their construction business headquarters and storage of materials and equipment.
The purchasers have provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and
rehabilitate 207 Chandler. This structure consists of one story 14,300 square foot masonry building, situated on a lot 180'
x 140'. The building is in poor condition, acquired by the City through tax foreclosure in 2005 and is in need of immediate
repairs. We have received an offer from KAPS Construction in the amount of Twenty -Five Thousand Dollars ($25,000).
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 purchasers.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from
One Dollar and Fifty Cents ($1.50) to Four Dollars and Fifty Cents ($4.50), per square foot of building area.
The results of our negotiations are that KAPS Construction has agreed and is prepared to pay Twenty -Five Thousand
Dollars ($25,000), One Dollar and Ninety -Five Cents ($1.95) per square foot building area. KAPS Construction 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
207 Chandler to Mr. Joseph Kapitany and Ms. Melissa Italia of KAPS Construction. in the amount of Twenty -Five
Thousand Dollars ($25,000). 1 am further recommending that the Corporation Counsel prepare the necessary documents
for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 16
878 Main Street Redevelopment
Item No.63 , C.C.P. April 4, 2006
Your Honorable Body has requested information regarding "B. Davis - R. McCauley - Info - Redevelopment of 878 Main
Street" from the April 4, 2006 Common Council Proceedings. Please be advised that a draft Request for Proposals (RFP)
has been crafted and forwarded to Commissioner Tobe, Director of Economic Development, Permit and Inspection
Services, for further review and comment. Upon approval, the RFP will be used to identify a Designated Developer for the
878 Main Street property.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE COMPTROLLER
NO. 17
Board of Education Audit
Audit Reports to
State Comptroller &
State Education Department
Per New York State Law reporting requirement, enclosed is the correspondence with the Office of the State Comptroller
and the State Education Department pertaining to the audit on the Board of Education, and their replies to the audit.
Section S 34 -a. Buffalo city comptroller.
1. Notwithstanding any other provision of law to the contrary, the Buffalo city comptroller shall have the power to examine
into the financial affairs of the Buffalo public school district and audit all school district acts as the comptroller deems
necessary.
The school district shall make available all books, papers, records, other materials or information required by the
comptroller to conduct the examinations and audits authorized by this section. The school district shall be provided
sufficient time and opportunity to respond to the findings and recommendations contained in any audit document or any
report as a result of an examination
prior to the release of any such audit or report.
Any final audit document or report shall contain any responses and /or comments submitted by the
school district.
2. The comptroller shall annually prepare and submit an audit report on the financial status of the
school district to the school board, the mayor, the city council, the state comptroller and the state
education department and shall also be made available to the public upon request. Any
final report on the financial stems of the school district shall contain any responses and /or
comments submitted by the school district. The
school district shall be given sufficient time and opportunity to review the report and submit a response and /or comments
prior to such report's release.
RECEIVED AND FILED
NO. 18
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
MAYOR & EMPLOYEE RELATIONS
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter,
that an increase in the sums of $4,400, $7,586.76 and $1,537.73 in the estimates for the fiscal year beginning July 1,
2005 is necessary in various functions set out below to meet a contingency which could not have been reasonably
foreseen when the budget was adopted. The details of the requirements are set forth below:
From:
That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account:
10030030- 365003 Mayor -Gifts & Donations
To:
To meet the increased appropriation as set forth below:
10301001 - 414005 Mayor - Relocation Compensation
10301001 - - 415005 Mayor- Moving Allowance
12553006 - 456011 Employee Relations - Recruitment Expenses
Dated: Buffalo, NY March 30, 2006
RECEIVED AND FILED
NO. 19
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
PARKING ENTERPRISE FUND BALANCE CAPITAL PROJECTS
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the
Charter, that an increase in the sum of $1,718,073.50 in the estimate for the fiscal year beginning January 1, 2006 is
necessary in Capital Improvements to meet a contingency which could not have been reasonably foreseen when the
budget was adopted. The increase is needed for reapirs to parking ramps. The amount of increased appropriations will be
met from the Unreserved /Designated Fund Balances for Downtown Ramps. The details of the requirements are set forth
below:
From:
51000000 - 253100 Fund Balance Downtown Ramps $1,718,073.50
To
51008207 - 470010 BCAR Capital Expenditures $1,718,073.50
Dated: Buffalo, NY, April 5, 2006
RECEIVED AND FILED
NO. 20
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
STATE AID
VARIOUS DEPARTMENTS
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the
Charter, that an increase in the sums of $2,100,000, $1,900,000 and $2,000,000 in the estimates for the fiscal year
beginning July 1, 2005 is necessary in various functions set out below to meet a contingency which could not have been
reasonably foreseen when the budget Was adopted. The details of the requirements are set forth below:
From:
That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account:
10700010 - 335006 State Aid $6,000.00
To:
To meet the increased appropriation as set forth below:
1 21 32001 - 41 3001 Fire Overtime $2,100.00
17221008 - 480205 Prior Year Claims. $1,900.00
17422008 - 487202 Ran Payment $2,000.00
Dated: Buffalo, IVY March 30, 2006
RECEIVED AND FILED
NO. 21
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL- LEGISLATIVE
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter,
that it is necessary that the sum of $2,000 be transferred and reappropriated within Common Council Legislative, as set
forth below:
Council II
10112004 —458001 $1,500.00
10112004 —458002 $ 500.00
Legisl PS Hourly
10102001 — 412002 $2,000.00
Dated: Buffalo, NY, April 10, 2006
RECEIVED AND FILED
NO. 22
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
CAPITAL PROJECTS
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter,
that the sum of $78,265.93 be transferred and reappropriated in Capital Improvements. The details of the requirements
are set forth below:
30000106 - 445100 Planning Capital Projects $78,265.93
31540006 - 445100 Cars on Main St. $78,265.93
Dated: Buffalo, NY, April 10, 2006
RECEIVED AND FILED
NO. 23
COMPREHENSIVE ANNUAL FINANCIAL REPORT
[:FOR THE FISCAL YEAR ENDED JUNE 30 2005
This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for
the fiscal year ending June 30, 2005 have been delivered to each Councilmember, the Common Council Chief of Staff,
the City Clerk, the Mayor and the Budget Office. Included therein is the Audit Report of Deloitte & Touche LLP.
This report is available as a public record for inspection by all interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and file such response with the City Clerk as a public record for
inspection by all interest parties not later than July 12, 2006.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 24
INTERFUND LOAN
GENESES ST. RECONST. $1,000,000.00
In the past, the City has provided interfund leans from the City General Fund to The City, Board and Enterprise Funds to
implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond Anticipation
Notes, Bonds or grant money is received through the financing of these projects by issuing debt or accepting Federal or
state grant contracts.
The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital
Projects Fund in the amount of $1.00 Million against the Marchisein Supplementing Agreement -NYS Comptrollers
Contract #d022304 approved by the City of Buffalo on March 18,2003;. NYS share of total project cost is $1,158,881
which win be used to repay this interfund loan. Total project cost is $8,375,870 with the Federal share amounting to
$6,660,696 and the City share amounting to $556,293. Contract awarded is for the Reconstruction of Genesee Street
(Bailey Ave. to East City Line). The loan will be repaid when the NYS share of Grant money is received by May 2007.
From To Account Repayment Date Total
General Capital Projects 31851306 May 2007 1,000,000
Fund Fund - Genesee St. reconst.
'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project
regardless of the amount advanced.
Mr. Bonifacio moved
That the Common Council approves an Interfund cash Loan from the General fund to the City's Capital Projects fund in
the amount of 1 million dollars
PASSED
AYES - 9 NOES -0
NO. 25
CERTIFICATE OF APPOINTMENT
Appointment Effective: April 18, 2006 in the Department of Audit and Control Division of Accounting to the Position of
Data Control Clerk, Temporary
Promotion at the third step of $29384
Helen Miranda, 7 Susan Lane, Buffalo NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 26
CERTIFICATE OF APPOINTMENT
Appointment Effective April 24, 2006 In the Department of Audit and Control, Division of Audit to the Position of Senior
Auditor Temporary at the Intermediate salary of $40,328
Monica Emminger, 4 Delsan Ct., Buffalo NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PRESIDENT OF THE COUNCIL
NO. 27
SENECA ERIE GAMING CORPORATION
SENECA BUFFALO CREEK CASINO REQUEST FOR ABANDONMENT OF FULTON
STREET TO THE SENECA NATION OF INDIANS OR FOR AIR RIGHTS OVER FU /TON
STREET
Per our previous discussions with you and other members of the Buffalo Common Council, I am writing to officially
request Common Council action in regards to the future of a strip of Fulton Street in the City's Inner Harbor area.
As you know, Fulton Street between Marvin Street and Michigan Avenue currently bisects our 9 -acre site for developing
the Seneca Buffalo Creek Casino project. In order to appropriately move forward with our design options, Seneca Erie
Gaming Corporation must have a definitive answer as to the future of this portion of Fulton Street.
It is our desire to have the Buffalo Common Council officially abandon this portion of Fulton Street to the Seneca Nation of
Indians. Doing so will allow us the greatest amount of flexibility in our design of Seneca Buffalo Creek Casino, giving us
the ability to build on top of Fulton, thus creating a magnificent facility which maximizes its benefit to the City of Buffalo.
This is clearly our preferred avenue for moving forward.
As a second option, the Common Council could grant Seneca Erie Gaming Corporation air rights over Fulton Street,
which would allow us to connect the proposed casino and parking structures via a pedestrian walkway. Although this
option does not grant us the design flexibility which abandoning Fulton Street would, we are confident that we can still
create a magnificent design using this model.
If neither option is granted by the Common Council, our design options will be severely limited.
The City of Buffalo has abandoned roadways In the past to make room for economic development projects. To that end,
Seneca Erie Gaming Corporation officials are prepared to work within the Council's prescribed framework and processes
for such actions.
It is my hope that the Common Council can begin to address this Issue at its next regular meeting, scheduled for
Tuesday, April 18.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF PUBLIC WORKS,
PARKS AND STREETS AND THE CORPORATION COUNSEL
NO. 28
COMMON COUNCIL BUDGET HEARINGS
Mayor, City of Buffalo
Comptroller, City of Buffalo
All Department Heads, City of Buffalo, Buffalo Municipal Housing Authority Buffalo Board of Education
Erie County Board of Elections Taxpayers of the City of Buffalo
The City of Buffalo Common Council hereby announces it's schedule of Meetings and Budget Hearings to be held in the
Council Chambers on the 13 floor of City during the period May I through May 9, 2006. The schedule can also be found
at the City of Buffalo home page at http. %/www.city- buffalo.com
The Council's Budget Hearings provide a public forum for review and comment on the presentations by city departments
and allied agencies of their ability to:
Operate within the scope of the Mayor's Recommended Budget for Fiscal Year July 1, 2006
through June 30, 2007
Implement the initiatives in the Common Council's 2006 -2007 Action Plan o Comply with City Charter and Code mandated
duties and responsibilities o Attain the goals and objectives of their respective organization
The Council's Budget Hearings are a very important and critical aspect of the budgetary process, and every effort will be
made to adhere to the schedule provided. We request the assistance of all attending by:
Arriving promptly for the appointed meeting time o Adhering to the rules of order as prescribed by the attending Council
Chairperson o Ensuring that Department, Agency and Organization representatives are knowledgeable of
budgetary matters and are prepared to address questions raised by those in attendance o Monitoring the City's Home
page (see above) for unanticipated schedule changes
If you have any questions regarding the above, please call 851 -4361.
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 29
ACTION PLAN FOR THE 2006 -2007
FISCAL YEAR
MISSION STATEMENT
"To improve the quality of life within the City of
Buffalo for its taxpayers„ businesses„ residents and visitors, while transforming and rebuilding the City , into a vibrant and
growing home - ownership, business, education and entertainment hub within New York Region."
Members of the Common Council
DavidA. Franczyk Dominic J. Bonifacio Jr Bonnie E Russell
Council President Majority Leader President Pro Tempore
Fillmore' District Niagara District University District
Brian C. Davis Richard A. Fontana Joseph Golombek Jr.
Ellicott District Lovejoy Didtrict North District
Michael P. Kearns Michael J. LoCurto Antoine M. Thompson
South District Delaware District Masten District
REFERRED TO THE COMMITTEE OF THE WHOLE
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 30
CERTIORARI PROCEEDINGS
BTNH, INC., D /B /A/DELAWARE HEIGHTS
NURSING CENTER
1014 DELAWARE AVENUE
This is to advise that the owner, B3 -NH, Inc., instituted certiorari proceedings on 1014 Delaware Avenue, Buffalo, New
York, regarding the assessments for fiscal year 2004 -2005. The assessment was reviewed by the Department and the
owner expressed a willingness to settle the proceedings.
The final assessment for fiscal year 2004 -2005 was $5,000,000. Tim owner is agreeable to a settlement, which would
result in a reduction to $4,100,000 for the 2004 -2005 tax year. The taxpayer would be entitled 1 o a retired of $35,765.89
for the 2004 -2005 tax year.
Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the
City. I recommend this settlement, in which the Department of Law concurs.
Tim proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel
be authorized to settle the BTNH, Inc. certiorari proceeding on 1014 Delaware Avenue by reducing the 2004 -2005
assessment from $5,000,000 to$4,100,000.
The taxpayer would be entitled to a refund of $35,765.89 for the 2004 -2005 tax year.
A reduction is recommended because the property is assessed at a much higher rate per square foot than other similar
nursing home properties.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 31
CERTIORARI PROCEEDINGS
NATIONAL FUEL GAS DISTRIBUTION, INC.
161 ELM STREET
This is to advise that the owner, National Fuel Gas Distribution, Inc., instituted certiorari proceedings oil 161 Elm Street,
Buffalo, New York, regarding tile assessments for fiscal year(s) 2004 -2005 and 2005 -2006. The assessment was
reviewed by the Department and the owner expressed a willingness to settle the proceedings.
The final assessment was $220,000 for each year. The owner is agreeable to a settlement, which would result in a
reduction to $200,000 for the 2004 -2005 and 2005 -2006 tax years on 161 Elm Street. The taxpayer would be entitled to a
refund of $847.22 for the 2004 -2005 tax year and $3,938.19for the 2005 -2006 tax year.
Based on a review of the current market value of the property, I feel this settlement would be in the best interest of the
City. I recommend this settlement, in which the Department of Law concurs. The property was sold ['or $200,000 in an
arm's length transaction during the course of the litigation.
The proposed settlement is subject to approval by Your Honorable Body. I therefore ]- request that the Corporation
Counsel be authorized to settle the 2004 -2005 and 2005 -2006 certiorari proceedingsl6l Elm Street by reducing the 2004-
2005 and 2005 -2006 assessment from $220,000 to :$200,000.
REFERRED TO THE COMMITTEE ONFINANCE AND THE CORPORATION COUNSEL
NO. 32
CERTIORARI PROCEEDINGS
NATIONAL FUEL GAS
DISTRIBUTION, IUC.
447 MAIN STREET
This is to advise that the owner, National Fuel Gas Distribution, Inc., instituted certiorari proceedings on 447 Main Street,
Buffalo, New York, regarding the assessments for fiscal years 2004 -2005 and 2005 -2006. The assessment was reviewed
by the Department and the owner expressed a willingness to settle the proceedings.
The final assessment was $4,000,000 for each year. The owner is agreeable to a settlement, which would result in a
reduction to $1,200,000 for the 2004 -2005 tax year and a reduction to $2,000,000 for the 2005 -2006 tax year on 447 Main
Street. The taxpayer would be entitled to a refund of $82,003.21 for the 2004 -2005 tax year and $39.631.89 for the 2005-
2006 tax year.
Based on a review of the current market value of the property, 1 feel this settlement would be in the best interest of the
City. I recommend this settlement, in which the Department of Law concurs. The property was sold for $1,600,000 in an
arm's length transaction during the course of the litigation.
The proposed settlement is subject to approval by Your Honorable Body. [ therefore request that the Corporation Counsel
be authorized to settle the 2004 -2005 and 2005 -2006 certiorari proceedings 447 Main Street by reducing the 2004 -2005
assessment from $4,000,000 to $1,200,000 and the 2005 -2006 assessment from $4,000,000 to $2,000,000
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
NO. 33
CERTIORARI PROCEEDINGS
TOPS MARKETS, LLC
1716 KENMORE AVENUE
This is to advise that the owner, Tops Markets, LLC, instituted certiorari proceedings on 1716 Kenmore Avenue, Buffalo,
New York, regarding the assessments for fiscal year 2005 -2006. Tile assessment was reviewed by the Department and
the owner expressed a willingness to settle the proceedings.
Tile final assessment for fiscal years 2005 -2006 was $1 200,000. The owner is agreeable to a settlement, which would
result in a reduction to $975,000 for 2004 -05.
Based on a review of the current market value of the property, 1 feel this settlement would be in tile best interest of the
City. I recommend this settlement, in which tile Department of Law concurs. The taxpayer would be entitled to a refund of
$4,794.18 for 2005 -2006 tax year.
A reduction is recommended because the property is assessed at a much higher rate pet" square foot than similar
properties in tile Kenmore Avenue area.
The proposed settlement is subject to approval by Your Honorable Body. 1 therefore request that the Corporation Counsel
be anthorized to settle the 2005 -2006 certiorari proceedings on 1716 Kenmore Avenue by reducing the 2005 -2006
assessment from $1,200,000 to $975,000.
REFERRED TO THE COMMITTEE ON FINANCEAND THE CORPORATION COUNSEL
FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS
NO. 34
CERTIFICATE OF APPOINTMENT
Appointment Effective: April 24, 2006 in the Department of MIS to the Position of Computer Programmer, Temporary
Appointment at the Third step of $41,515.00
Crystal McCrea (Smith), 70 West Parade Ave., Buffalo, NY 14208
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 36
NOTIFICATION SERIAL #10062
PERMISSIVE PARKING - REPEAL
ON EHNWOOD AVENUE, EAST AND WEST SIDES
BETWEEN WEST FERRY STREET
AND FOREST AVENUE
NIAGARA 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 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 - DALLY
Elmwood Avenue, east and west sides 2 hour parking 7A.M. to 7P.M. Except Sunday
between West Ferry Street and Forest Avenue (excluding existing No Parking and No Standing zones)
This action is being taken to clarify zones and rates for metered parking
NOTIFICATION SERIAL # 10067
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE BOTH SIDES
BETWEEN CRESTWOOD AVENUE
AND COMMONWEALTH AVENUE
DELAWARE 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 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 - DALLY
Hertel Avenue both sides 2 hour parking 7A.M. to 7P.M.
between Crestwood Avenue and Except Sunday
Commonwealth Avenue
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10068
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE NORTH SIDE
BETWEEN TENNYSON AVENUE
AND DELAWARE AVENUE
DELAWARE 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 that part of Subdivision 25 Section 15of 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
Hertel Avenue north side between 1 hour parking
Tennyson Avenue and Delaware Avenue 7 AM to 7 PM
Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10069
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE NORTH SIDE
BETWEEN COMMONWEALTH AVENUE
AND VIRGIL AVENUE
DELAWARE DISLXICT
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 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
Hertel Avenue north side between 2 hour parking
Commonwealth Avenue and Virgil Avenue 7 Am to 7 PM
Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10070
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE SOUTH SIDE
BETWEEN COJMNONWEALTH AVENUE
AND FAIRCHILD PLACE
DELAWARE 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 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 - DALLY
Hertel Avenue south side between Commonwealth2 hour parking 7A.M. to 7P.M.
Avenue and Fairchild Place Except Sunday
This action is being taken to clarify zones and rates for metered parking
NOTIFICATION SERIAL # 10071
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE SOUTH SIDE
BETWEEN CRESTWOOD AVENUE
AND COLVIN AVENUE
DELAWARE 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 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 - DALLY
Hertel Avenue south side between Crestwood 1 hour parking
Avenue and Colvin Avenue 7 AM to 7 PM
Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10072
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE NORTH SIDE
BETWEEN CRESTWOOD AVENUE
AND COLVIN AVENUE
DELAWARE 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 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 - DALLY
Hertel Avenue north side between 1 hour parking
Crestwood Avenue and Colvin Avenue 7 AM to 7 PM
Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10073
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE NORTH SIDE
BETWEEN COLVIN AVENUE
AND NORTH PARK AVENUE
DELAWARE 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 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 - DALLY
Hertel Avenue north side between 1 hour parking
Colvin Avenue and North Park Avenue 7 AM to 7 PM
Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10074
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE SOUTH SIDE
BETWEEN COLVIN AVENUE
AND STERLING AVENUE
DELAWARE 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 that part of Subdivision 25 Section 15 of Chapter479 of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: PERMISSIVE PARKING
PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY
Hertel Avenue south side between 2 hour parking
Colvin Avenue and Sterling Avenue 7 AM to 7 PM
Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10076
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE BOTH SIDES
BETWEEN STERLING AVENUE
AND WELLINGTON ROAD
DELAWARE 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 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
Hertel Avenue both sides between Sterling 2 hour parking
Avenue and Wellington Road 7 AM to 7 PM
This action is being taken to clarify zones Except Sunday
and rates for metered parking..
NOTIFICATION SERIAL # 10076
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE SOUTH SIDE
BETWEEN WELLINGTON ROAD
AND STARINAVENUE
DELAWARE 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 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
Hertel Avenue south side between 2 hour parking
Wellington Road and Starin Avenue 7A.M. to 7P.M.
Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10077
PERMISSIVE PARKING - REPEAL
ON HERTEL AVENUE NORTH SIDE
BETWEEN WELLINGTON ROAD
AND STARIN AVENUE
DELAWARE 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 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
Hertel Avenue northside between 2 hour parking
Wellington Road and Starin Avenue 7A.M. to 7P.M.
Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10078
INSTALL METERED PARKING
ON HERTEL, SOUTH SIDE
BETWEEN FAIRCHILD PLACE
AND SARANACAVENUE
(EXCLUDING EXISTING NO PARKING
AND NO STANDING AREAS)
DELAWARE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: METERED PARKING
Metered Parking Locations Period of Metered Parking Rate of Metered Parking
Hertel, south side between 2 Hour Parking Rate B
Fairchild Place and Saranac Avenue 8 am to 5 pm $.50 per hour
(excluding existing No Parking Monday — Saturday 2 hour maximum
and No Standing areas)
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10079
INSTALL METERED PARKING
ON HERTEL, SOUTH SIDE
BETWEEN NORTH PARK AVENUE
AND STARIN AVENUE
(EXCLUDING EXISTING NO PARKING
AND NO STANDING AREAS)
DELAWARE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: METERED PARKING
Metered Parking Locations Period of Metered Parking Rate of Metered Parking
Hertel, south side between 2 Hour Parking Rate B
North Park Avenue and 8 am to 5 pm $.50 per hour
Starin Avenue Monday — Saturday 2 hour maximum
(excluding existing No Parking
and No Standing areas)
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL #10080
INSTALL PERMISSIVE PARKING
ON HERTEL AVENUE, NORTH SIDE
BETWEEN DELAWARE AVENUE
AND TERMYSON AVENUE
DELAWARE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: PERMISSIVE PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY
Hertel Avenue, north side between 2 hour parking
Delaware Avenue and Tennyson Avenue 8A.M. to 5P.M
Except Sunday
(excluding existing No Parking and No Standing zones)
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10081
INSTALL METERED PARKING
ON HERTEL AVENUE, NORTH SIDE
BETWEEN VIRGIL AVENUE
AND WALLACE AVENUE
(EXCLUDING EXISTING NO PARKING
AND NO STANDING AREAS)
DELAWARE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: METERED PARKING
Metered Parking Locations Period of Metered Parking Rate of Metered Parking
Hertel Avenue, north side 2 Hour Parking Rate B
between Virgil Avenue and 8 am to 5 pm $.50 per hour
Wallace Avenue (excluding existing Monday — Saturday 2 hour maximum
No Parking and No Standing areas)
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAI# 10082
INSTALL PERMISSIVE PARKING
ON HERTEL AVENUE, NORTH SIDE
BETWEEN WALLACE AVENUE
AND STARIN AVENUE
DELAWARE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: PERMISSIVE PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DALLY
Hertel Avenue, north side between 2 hour parking
Wallace Avenue and Starin Avenue 8A.M. to 5P.M
Except Sunday
(excluding existing No Parking and No Standing zones)
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10083
PERMISSIVE PARKING - REPEAL
ON DELAWARE AVENUE BOTH SIDES
BETWEEN GATES CIRCLE
AND WEST DELAVAN AVENUE
DELAWARE 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 that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
repealing thereffmn the following: PERMISSIVE PARKING
PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DALLY
Delaware Avenue both sides between 2 hour parking
Gates Circle and West Delavan Avenue 7 AM to 7 PM
This action is being taken to clarify zones Except Sunday
and rates for metered parking..
NOTIFICATION SERIAL # 10084
INSTALL METERED PARKING
ON DELAWARE AVENUE,BOTH SIDES
BETWEEN GATES CIRCLE
AND WEST DELAVAN AVENUE
(EXCLUDING EXISTING NO PARKING
AND NO STANDING AREAS)
DELAWARE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: METERED PARKING
Metered Parking Locations Period of Metered Parking Rate of Metered Parking
Delaware Avenue, both sides 2 Hour Parking Rate B
between Gates Circle and 8 am to 5 pm $.50 per hour
West Delavan Avenue Monday — Saturday 2 hour maximum
(excluding existing No
Parking and No Standing areas)
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10085
PERMISSIVE PARKING - REPEAL
ON GATES CIRCLE, SOUTHWEST QUADRANT
BETWEEN LAFAYETTE AVENUE
AND DELAWARE AVENUE
DELAWARE 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 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
Gates Circle southwest quadrant 2 hour parking
between Lafayette Avenue 7A.M. to 7P.M.
and Delaware Avenue
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL # 10086
INSTALL METERED PARKING
ON GATES CIRCLE, SOUTHWEST QUADRANT
BETWEEN LAFAYETTE AVENUE
AND DELAWARE AVENUE
(EXCLUDING EXISTING NO PARKING
AND NO STANDING AREAS)
DELAWARE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days aRer the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: METERED PARKING
Metered Parking Locations Period of Metered Parking Rate of Metered Parking
Gates Circle, southwest 2 Hour Parking
quadrant between Lafayette 8 am to 5 pm
Avenue and Delaware Avenue Monday - Saturday
(excluding existing No
Parking and No Standing areas)
This action is being taken to clarify zones and rates for metered parking,.
NOTIFICATION SERIAL # 10087
PERMISSIVE PARKING - REPEAL
ON LAFAYETTE AVENUE SOUTH SIDE
BETWEEN A POINT 10 FEET WEST OF THE WEST BUILDING LINE OF PARK LANE
APARTMENTS AND LINWOOD AVENUE DELAWARE 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 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
Lafayette Avenue south side between 2 hour parking
a point 10 feet west of the west building 7 AM to 7 Pm
line of Park Lane Apartments and Linwood Avenue Except Sunday
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL# 10088
INSTALLMETERED PARKING
ON LAFAYETTE AVENUE SOUTH SIDE
BETWEEN A POINT 10 FEET WEST OF THE [: WEST BUILDING LINE OF PARK LANE
APARTMENTS AND LINWOOD AVENUE [: (EXCLUDING EXISTING NO PARKING
AND NO STANDING AREAS)
DELAWARE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days alter the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 29 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: METERED PARKING
Metered Parking Locations Period of Metered Parking Rate of Metered Parking
on Lafayette Avenue south 2 Hour Parking Rate B
side between a point 10 feet 8 am to 5pm $.50 per hour
west of the west building line Monday — Saturday 2 hour maximum
of Park Lane Apartments and
Linwood Avenue
(excluding existing No Parking and No Standing areas)
This action is being taken to clarify zones and rates for metered parking..
NOTIFICATION SERIAL #10089
TRAFFIC CONTROL SIGNAL - REPEAL
BAILEY AVENUE AT DARTMOUTH AVENUE
(UNIVERSITY DISTRICT)
TRAFFIC CONTROL SIGNAL - 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 that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Bailey Avenue at Dartmouth Avenue
This action is being taken as part of a Federally funded Congestion Mitigation /Air Quality (CMAQ) project. The project will
involve the modernization of the existing signal system along Bailey Avenue between Main Street and Lovejoy Street. As
part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal
and State standards. This analysis must be performed to determine if new signals are needed and /or if current signalized
intersections meet Federal /State warrants for the continued need of a traffic signal. This signal does not meet — of the
current Federal and State warrants for its continued operation. Given this, the signal at Bailey /Dartmouth should be
considered for removal.
NOTIFICATION SERIAL # 10090
TRAFFIC CONTROL SIGNAL REPEAL
BAILEY AVENUE AT WESTMINISTER AVENUE
UNIVERSITY DISTRICT
TRAFFIC CONTROL SIGNAL - 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 that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Bailey Avenue at Westminster Avenue
This action is being taken as part of a Federally funded Congestion Mitigation /Air Quality (CMAQ) project. The project will
involve the modernization of the existing signal system along Bailey Avenue between Main Street and Lovejoy Street. As
part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal
and State standards. This analysis must be performed to determine if new signals are needed and /or if current signalized
intersections meet Federal /State warrants for the continued need of a traffic signal. This signal does not meet aam of the
current Federal and State warrants for its continued operation. Given this, the signal at BaileyM/estminster should be
considered for removal.
NOTIFICATION SERIAL # 10091
TRAFFIC CONTROL SIGNAL REPEAL
BAILEY AVENUE AT HAZEL PLACE /ROHE STREET
LOVEJOY DISTRICT
TRAFFIC CONTROL SIGNAL - 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 that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Bailey Avenue at Hazel Place /Robe Street
This action is being taken as part of a Federally funded Congestion Mitigation /Air Quality (CMAQ) project. The project will
involve the modernization of the existing signal system along Bailey Avenue between Main Street and Lovejoy Street. As
part of the CMAQ program, all existing intersections contained in the project area must be analyzed according to Federal
and State standards. Tins analysis must be performed to determine if new signals are needed and /or if current signalized
intersections meet Federal /State warrants for the continued need of a traffic signal. This signal does not meet aam of the
current Federal and State warrants for its continued operation. Given this, the signal at Bailey /Hazel /Robe should be
considered for removal.
NOTIFICATION SERIAL # 1092
TRAFFIC CONTROL SIGNAL REPEAL
DELAWARE AVENUE AT ST JOHNSON PARK
ELLICOTT DISTRICT
TRAFFIC CONTROL SIGNAL - 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 that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Delaware Avenue at S. Johnson Park
This signal was study for removal as part of the new building development being constructed at #285 Delaware Avenue.
This signal, which is in full -time flash -mode operation, does not meet any of the current Federal and State warrants for it's
continued operation. Given this, the signal at Delaware /S. Johnson Park should be considered for removal.
NOTIFICATION SERIAL # 10093
TRAFFIC CONTROL SIGNAL REPEAL
GENESEE ST AT ELLER AVENUE
LOVEJOY DIDTRICT
TRAFFIC CONTROL SIGNAL - 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 that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Genesee Street at Eller Avenue
This action is being taken as part of a Federally funded FHWA project. Part of the project will involve the modernization of
the existing signal system along Genesee Street between Bailey Avenue and the City Line. As part of all FHWA projects,
all existing intersections contained in the project area must be analyzed according to Federal and State standards. This
analysis must be performed to determine if new signals are needed and /or if current signalized intersections meet
Federal /State warrants for the continued need for a traffic signal. This signal does not meet a y of the current Federal and
State warrants for its continued operation. Given this, the signal at Genesee /Eller should be considered for removal.
NOTIFICATION SERIAL # 10094
TRAFFIC CONTROL SIGNAL REPEAL
MILITARY ROAD AT GLOR STREET
NORTH DISTRICT
TRAFFIC CONTROL SIGNAL - 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 Council meeting at which they appear on the agenda
as an item business.
That that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Military Road at Glor Street
This action is being taken at the request of the District Councilmember on behalf of the residents of the area. This signal
was studied and does not meet any - of the current Federal and State warrants for its continued operation. Given this, the
signal at Military /Glor should be considered for removal.
NOTIFICATION SEIAL# 10096
TRAFFIC CONTROL SIGNAL - REPEAL
BROADWAY AT PINE STREET
(ELLICOTT DISTRICT)
TRAFFIC CONTROL SIGNAL - 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 that part of Section 36 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
TRAFFIC CONTROL SIGNAL
INTERSECTION OF
Broadway at Pine Street
This action is being taken at the request of the District Councilmember on behalf of the residents of the area. This signal
was studied and does not meet any - of the Current Federal and State warrants for its continued operation. Given this, the
signal at Military /Glor should be considered for removal
NOTIFICATION SERIAL #10096
REPEAL NO PARKING
ON BROADWAY, NORTH SIDE
BETWEEN WILSON STREET
AND FILLMORE AVENUE
FILLMORE DISTRICT
NO 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 that part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
on Broadway, north side between At all times
Wilson Street and Fillmore Avenue
This action is being taken at the request of the Common Council President to provide on- street parking in front of One In
Christ Temple.
NOTIFICATION SERIAL #10097
INSTALL PERMISSIVE PARKING
ON BROADWAY, NORTH SIDE
BETWEEN WILSON STREET
AND FILLMORE AVENUE
FILLMORE DISTRICT
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto
the following:
PERMISSIVE PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY
on Broadway, north side between 2 hour parking
Wilson Street and Fillmore Avenue 7 am to 7 pm
Except Sunday
This action is being taken at the request of the Common Council President to provide on- street parking in front of One In
Christ Temple.
NOTIFICATION SERIAL # 10098
REPEAL METERED PARKING
ON MISSISSIPPI STREET, EAST SIDE [: BETWEEN SOUTH PARK AVENUE
AND PERRY STREET
(EXCLUDING EXISTING NO PARKING [: AND NO STANDING AREAS)
(FILLMORE 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 that part of Subdivision 27 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: METERED PARKING
Metered Parking Locations Period of Metered Parking Rate of Metered Parking
Mississippi Street, east side between 8 Hour Parking Rate D
South Park Avenue and Perry Street 8:00 am to 5:00 pm $2.00 per day
(excluding existing No Parking
and No Standing areas)
Monday - Friday
This action is being taken at the request of Savarino Construction to provide short term parking adjacent to their mixed
use development in the Cobblestone district. (see next 2 serials)
NOTIFICATION SERIAL # 10099
REPEAL NO STANDING
ON MISSISSIPPI STREET, WEST SIDE
BETWEEN SOUTH PARKAVENUE
AND PERRY STREET
(FILLMORE 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 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
Mississippi Street, west side between At all times
South Park Avenue and Perry Street
This action is being taken at the request of Savarino Construction to provide short term parking adjacent to their mixed
use development in the Cobblestone district. (see previous and next serial)
NOTIFICATION SERIAL # 10100
PERMISSIVE PARKING - INSTALL
ON MISSISSIPPI STREET, EAST AND WEST SIDE
BETWEEN SOUTH PARK AVENUE
AND PERRY STREET
(FILLMORE DISTRICT)
PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: PERMISSIVE PARKING
PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DALLY
Mississippi Street, east and west sides 2 Hour Parking
between South Park Avenue 8:00 am to 6:00 pm
and Perry Street Except Saturday and Sunday
This action is being taken at the request of Savarino Construction to provide short term parking adjacent to their mixed
use development in the Cobblestone district. (see previous 2 serials)
NOTIFTCATION SERIAL # 10101
REPEAL ONE -WAY STREET DIRECTION
ELLICOTT STREET NORTH BOUND
FROM GOODELL STREET
TO RILEY STREET
( ELLICOTT DISTRICT)
ONE -WAY STREET DIRECTION - 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 that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
ONE WAY STREET DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Ellicott Street from northbound
Goodell Street to Riley Street
This action is being taken in order to improve and enhance traffic circulation in, through and around the Buffalo Medical
Campus.
NOTIFICATION SERIAL #10102
REPEAL ONE -WAY STREET DIRECTION
WEST PARADE AVENUE - SOUTH BOUND
FROM DODGE STREET
TO BEST STREET
(ELLICOTT & MASTEN DISTRICTS)
ONE -WAY STREET DIRECTION - 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 that part of Section 22 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following:
ONE WAY STREET DIRECTION
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
West Parade Avenue southbound
from Dodge Street to Best Street
This action is being taken in order to improve and enhance traffic circulation in, through and around the Science Museum,
the Charles R. Drew Science Magnet school and MLK Park.
#10089 -93 -DENY; #10102 -LEG; REM -R &F; WAIVE 45 DAYS.
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 36
REPORT OF BIDS
RESURFACING OF CITY PAVEMENTS - 2006
GROUPIE #654
DESTRO & BROTHERS CONCRETE CO., INC.
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have advertised and received bids
In obtaining bids for the above project, I have asked for bids on a unit price coveting the various items of work and
material which will be performed. The final cost of the work will be based on the actual measured quantities of materials
entering into the work and may be either more or less than the total bid.
The following bids were received:
Base Bid Unit Price Increase
Destro & Brothers Concrete Co., Inc. $2,488,034.01 $2,736,837.41
411 Ludington Street, Buffalo, NY 14206
Amherst Paving, Inc. $2,698,668.00 $2,947,471.40
330 Meyer Road, Amherst, NY 14226
'Adjusted Amount
I hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Co., Inc.
I respectfully recommend that your Honorable Body authorize a contract award in the amount of $2,736,837.41
($2,488,034.01 Base Bid + 10% unit price increase $248,803.40 -- Total Award $2,736.837.41 ). Funds for this work will
be established in the future Capital Project Account after the 2006 Spring bond sale. The engineer's estimate for this work
is $ 2,500,000.00.
The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by May May 27,
2006. Individual bid submissions are available in our office for inspection and copies are available upon request.
Attached is a candidate paving list for your review.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 12, 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
Resurfacing of City Pavements - 2006, Group #654, to Destro & Brothers Concrete Co., Inc., the lowest responsible
bidder, in the amount of $2,736,837.41 ($2,488,034.01 base bid + 10% unit price increase $248,803.40= Total Award
$2,736,837.14). Funds for this project will be established in the future Capital Project account after the 2006 spring bond
sale.
PASSED
AYES - 9 NOES -0
NO. 37
REPORT OF BIDS
2006 SPRING TREE PLANTING
(CITY WIDE)
I advertised on March 29, 2006 and have received the following bids for the 2006 Spring Tree Planting contract, which
were publicly opened & read on April 12, 2006.
General Contractor Base Bid Unit Bid Increase
Gleason's Nursery, Inc. $44,461.00 $48,907.00'
4780 Sheridan Drive
Williamsville, NY 14221
Scott Lawn Yard, Inc. $55,905.00 $61,495.00
5552 Townline Road
Sanborn, NY 14132
Gardenville Landscape & Nursery $63,832.36 $70,215.00
3069 Clinton Street
West Seneca, NY 14224
1 hereby certify the foregoing is a true and correct statement of the bids received and Gleason's Nursery, Inc. of
Williamsville, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract
amount is $48,907.00 ('$44,461 + 10% = $48,907).
1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the
basis of the low bids. The Engineer's estimate for this work was $50,000 and funds for this work are available in accounts
#38400206. A tentative location and species list is attached for your information.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 13, 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
2006 Spring Tree Planting contract, to Gleason's Nursery, Inc., the lowest responsible bidder, in the amount of $48,907.00
($44,461.00 + 10% = $48,907.00). Funds for the project are available in accounts #38400206.
PASSED
AYES - 9 NOES -0
NO. 38
UNACCOUNTED FOR WATER STUDY
ITEM NO. 20, C.C.P. 02/21/06
This department recently filed a study on the unaccounted for water in the City's water system. The Buffalo Water Board
has asked that I provide you with the following additional information.
Water system loss is an unavoidable reality. For many years, high percentages of loss were accepted as standard. More
recently, however, the EPA has recommended a target of 10% loss for water systems. This target is an admirable goal
but many older systems are well above this number. Many older northeastern cities have water losses between 20% and
40 %.
Buffalo's water loss is estimated at 11.94 billion gallons (BG). The elimination of all leaks is impossible, even if we
replaced the entire system. Although a 10% reduction in water loss (1 BG) is achievable, the comparison of the savings
versus the capital cost of repairs makes this impractical.
Although the exact location and number of water system leaks are unknown, it is roughly estimated that up to 40% of the
transmission and distribution system as well as 30% of customer service lines would have to be replaced to achieve 10%
water loss. The estimated cost to complete such improvements is $416M. If the $416M were bonded, the estimated
annual debt service payment would be $30M (30 yr. Term @ 6 %). This would roughly quadruple the Board's annual debt
burden and increase rates by almost 100 %. For a typical residential customer, the annual increase would be
approximately $350.
Based on our net average pumping and distribution cost, a 10% reduction in water pumped would result in a savings of
$1.3M. Therefore, given the projected increase in annual debt burden of $30M versus the estimated $1.3M in savings, a
massive replacement program to eliminate water loss is not cost justified.
If the City wishes to explore ways to reduce water cost to the Board's customers, the Board suggests that the City
consider the following current Board costs:
Costs and Value of City Usage
Under the terms of the Operation, Finance, and Acquisition agreements between the Water Board, the Buffalo Municipal
Water Finance Authority, and the City of Buffalo, the Board must provide water for a variety of City needs, at no cost to
the City. The City uses an estimated 3.05 BG annually. This usage can be divided into several categories as shown in the
table below. The estimated retail value of this water is $5.6M. If the City were to pay for its water use, water rates could be
reduced by approximately 16 %.
Figures available for review in The City Clerk's Office
Payments to the City
The Board is required, under the previously mentioned agreements and the appropriate State legislation, to make an
annual payment to the City General Fund. The estimated payment for fiscal year 2006 -06 is $47M. The City has a right to
request an increase of 5% per year in this payment. This means that by 2010, the Board may be required to pay the City
$5.71 M. If the Board was relieved of this obligation, water rates could be reduced by approximately 14% this year.
Thus, the requirement to provide the City with water at no charge, and the requirement to make yearly payments to the
City adds approximately 30% to the Board's customer's water bills.
REFERRED TO THE COMMITTEE ON FINANCE
No. 39
Certificate of Appointment
Appointment affective 4/3/2006 in the Department /Division Streets to the title of Supervisor of Street Sanitation I,
Intermediate Temporary, at the Starting salary of $31,132
Michael A. Krupp 253 Boll Slxoet Sloan NY 14212
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 40
PERMISSION TO PURCHASE USED UNMARKED VEHICLES
(ITEM NO. 19,C.C.P. 04/04/06
The Buffalo Police Department hereby modifies the above mentioned CCP reference to include the following:
The number of vehicles to be purchased is to be changed from seven (7) to thirteen (13). The seven (7) vehicles originally
requested will replace those vehicles which are beyond repair and will be sent to auction. The additional six (6) vehicles
will be necessary for the upcoming increase in personnel assigned to the narcotics /vice unit. The increase of 13 additional
personnel and this equipment will enable the Department to fulfill its mission of enhancing its drug enforcement operations
and reducing the drug trafficking in the City. Furthermore, upon completion of the Detective Division reorganization, the
total number of unmarked vehicles assigned to the Police Department should remain the same.
In addition, the Department requests permission to wave the formal bidding proceedings required by the Division of
Purchase due to the confidentiality and usage aspects of the vehicles. Each vehicle will be bid out by the Division of
Purchase on an individual basis due to the uniqueness of each vehicle. The Police Department requires specific vehicles,
based on experience, which will provide the most effective deception to known drug dealers.
As stated in the prior communication, each individual vehicle will be under $10,000 and all vehicles will be purchased
utilizing existing drug asset forfeiture funds.
If you require additional information, please contact Inspector Joseph Strano at 851 -4879 or Lieutenant Daryl Ricigliano at
851 -5645. Thank you for your immediate attention to this matter.
REFERRED TO THE COMMITTEE ON FINANCE THE COMPTROLLER AND THE CORPORATION COUNSEL
FROM THE COMMISSIONER OF FIRE
NO. 41
APPROVAL TO TRADE -IN OLD FIRE DEPARTMENT EQUIPMENT
We are requesting approval to trade in old equipment to enable us to purchase equipment with updated technology. The
equipment to be traded in is as follows:
4 Area Rae Systems - these are gas meters for detecting hazardous gases and are used in hazardous materials and
WMD responses. We anticipate receiving approximately $8,000.00 for the old Rae Systems.
We also would like to trade in:
1 Pulse Co- Oximeter - this unit reads carbon monoxide as well as oxygen in the blood. We anticipate receiving
approximately $500.00.
The new equipment will be purchased through UASI funds.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Fire dated
April 10, 2006, be received and filed; and
That the Commissioner of Fire be, and he hereby is authorized to trade in the equipment as listed above.
Passed
AYES — 9 NOES — 0
FROM THE CORPORATION COUNSEL
NO. 42
MUNICIPAL CODE VIOLATIONS REPORT
(ITEM NO. 95, C.C.P. 02/21106)
Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total
number of violations cited by the violation type for each department, division and /or office charged with issuing violation
notices. Attached is the requested report for violations cited during the month of February, 2006. As you can see from the
report, 510 summonses were issued by the various departments for various violations during the month of February,
2006.
REFERRED TO TH COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO.43
FOOD STORE LICENSE
178 THOMPSON (NORTH)
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 178 Thompson 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
March 20, 2006, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Food Store License to George Bemolak, located at 178 Thompson.
PASSED
AYES —9 NOES 0
NO. 44
FOOD STORE LICENSE
430 ONTARIO (NORTH)
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 430 Ontario 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
March 23, 2006, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Food Store License to Dahan Fadhel, located at 430 Ontario Street.
Passed.
PASSED
AYES —9 NOES -0
NO. 46
FOOD STORE LICENSE
139 VERMONT (NIAGARA)
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 139 Vermont 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
April 6, 2006, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Food Store License to Abdulsalam Muflihi, located at 139 Vermont.
Passed.
PASSED
AYES — 9 NOES —0
NO. 46
SCRAP PROCESSOR
41 HANNAH (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Scrap Processor Dealer License located at 41 Hannah and find that as to form is correct. I have caused
an investigation into the premises for which said application for a Scrap Processor 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 Michael Diamond. The attached thereto for Michael Diamond d /b /a Alliance Auto Recycling LLC. This request
is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 47
SECOND HAND DEALER
999 BROADWAY (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 999 Broadway and find that as to form is correct. I have caused
an investigation into the premises for which said application for a second hand dealer license is being sought and
according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with
all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of Roshel Tairimov. The attached thereto for Roshel Tairimov d /b /a Cash Daddy Pawn. This request is
submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 48
USED CAR DEALER
346 HOPKINS (SOUTH) RESUBMITT
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.
RECEIVED AND FILED
No. 49
QUARTERLY REPORTS ON HOPWA
OPPORTUNITIES FOR PEOPLE WITH AIDS
( HOPWA) GRANT RECIPIENTS
RESOLUTION #109 CCP FEBRUARY 21,2006
Attached please find Reports for Housing Opportunities for People with Aids ( HOPWA) GRANT RECIPIENTS These
HOPWA Reports are for the period May 2005 through February, 2006.
RECEIVED AND FILED
FROM THE BOARD OF EDUCATION
NO. 50
"REQUEST FOR CITY OF BUFFALO TO PERFORM
M/WBE UTILIZATION DISPARITY STUDY
RES # 153 C.C.P. APRIL 4, 2006
The Buffalo Board of Education will be ready to cooperate with a M /WBE Utilization Disparity Study. Please contact Dr.
Williams or James Kane when the study commences.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE SPECIAL COMMITTEE
NO. 51
RESPONSE TO CITY OF BUFFALO AUDIT
RESPONSE TO AUDIT REPORT FOLLOW -UP
ITEM NO. 15, C.C.P. 03/21/06
ITEM NO. 16, C.C.P. 03/21/06
Attached is the District's response dated February 15, 2006 to the City Comptroller's audit of the Board of Education for
the period July 1, 2003 through December 31, 2004.
Also attached is the District's response dated March 22, 2006 to the City of Buffalo Audit Report Follow -Up for the same
period. Please note that the District was not made aware of the follow -up to the audit report until after it was issued and
therefore did not have an opportunity to respond to it. Our subsequent response of March 22, 2006 indicates that the
District specifically discussed the matters addressed in the Audit Report Follow -Up with the City Auditor, along with the
corrective action taken by the District, in the exit conference held on February 6, 2006.
REFERRED TO THE COMMITTEE ON FINANCE COMMITTEE
FROM THE CITY CLERK
NO. 52
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage
Control Board.
Address Business Name Owner's Name
481 Delaware Avenue Stillwater Grille, LLC P. Kelleher, Agt.
Delaware near Hampton Inn The Chocolate Bar C. Panzica
31 Johnson Park Downtown Buffalo Entertainment, Inc. P. Kelleher, Agt.,
2046 -2058 Fillmore Avenue New Golden Nugget W. Wilson. Agt.
RECEIVED AND FILED
NO. 53
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. DiPiano
Police -J. Tucker, R. Delaney
Fire -W. Biondolillo, C. Mayer, A. Krause
RECEIVED AND FILED.
NO. 54
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 PUBLIC WORKS, PARKS & STREETS
Appointment effective 4/4/06 in the Department of Public Works, Parks & Streets, to the position of Laborer 11, Seasonal,
Non - Competitive, at the starting salary of $8.15/hr.
William Betancourt
80 Rano Street
Buffalo, NY 14207
NO. 55
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various department made at the Minimum (Temporary, Provisional or Permanent)
(as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS
Appointment effective 4/3/06 in the Department of Public Works, Parks & Streets, to the position of Superintendent of
Street Sanitation, Permanent, at the minimum starting salary of $35,031.
Lawrence A. Panaro
476 Campbell Boulevard
Getzville, NY 14068
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 56
ORDINANCE AMENDMENT, CHAPTER 511 - ZONING, USE PERMIT REQUIREMENT
Please file Mr. William Berry's proposed ordinance amendment to Chapter 511 - Zoning of the City Charter at the next
meeting of the Common Council on Tuesday April 18, 2006.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 57
BROADWAY FILLMORE ALIVE PROPOSAL TO USE ECKHARDT
BUILDING FOR PRESIDENTIAL LIBRARY
Please file Mr. Christopher Byrd's proposal to use the Eckhardt Building for a Presidential Library at the next meeting of
the Common Council on Tuesday April 18, 2006.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 58
ENVIRONMENTAL CLEANUP ACTIVITIES TO BEGIN AT CHEM -CORE SITE IN BUFFALO
INTRODUCTION
The New York State Department of Environmental Conservation (DEC), in cooperation with the New York State
Department of Health (DOH), is. pleased to inform you that environmental cleanup work at the Chem -Core site in the City
of Buffalo is scheduled to begin in May 2006. (See site map below for location.)
Cleanup work at the site will be completed under New York State's Superfund Program. The Superfund Program is the
State's program for identifying, investigating, and ensuring the cleanup of sites where significant amounts of hazardous
waste may exist.
DEC is providing this fact sheet to explain why cleanup activities at the Chem -Core site are planned, what the cleanup
activities will involve, and how to obtain more information.
SITE BACKGROUND
The Chem -Core site is an approximately one -half acre property located at 1382 Niagara Street. It is situated in a mixed
commercial /residential /industrial area of the City of Buffalo.
A environmental investigation called a "Remedial Investigation" (RI) was completed for the Chem -Core site in March
2002 . A report containing the details of the investigation was issued in July of 2002. The report included a description of
the type and location of contamination found at the site, as well as an assessment of the site's health and environmental
risks. The RI revealed that soil and groundwater at the Chem -Core site have been contaminated by past disposal of
hazardous waste at the site. The main environmental contaminants found in the site's soil and groundwater are
trichloroethene and tetrachlorothene, which are classified as volatile organic compounds (VOCs). VOCs are carbon -
containing chemicals that evaporate readily.
A Feasibility Study (FS) at the site was completed in November 2002, which described the results of the RI and assessed
various methods of cleaning up contaminated areas of the site. Based on the RI and FS, DEC developed a proposed
cleanup plan, called a Proposed Remedial Action Plan (PRAP). A fact sheet was mailed in November 2002, and a public
meeting was held to explain the details of the PRAP. Following a public comment period for the PRAP, DEC issued a
Record of Decision (POD) for the site in January 2003. The ROD documented environmental cleanup methods. selected
to address contamination at the site, which included the following activities:
demolition and proper off -site disposal of the building;
excavation and proper off -site disposal of contaminated soil;
extraction, on -site treatment, and proper off -site disposal of contaminated groundwater;
completion of an off -site groundwater contamination study and bio remediation pilot test (which involves injecting a
biodegradable
edible oil substrate into groundwater and bedrock); implementation of a long -term groundwater treatment system; and
site maintenance and monitoring.
The reauthorization of Superfund funds in November 2003 allowed the State to develop the construction documents
needed for the site cleanup during 2004 and 2005.
UPCOMING SITE CLEANUP ACTIVITIES
excavate and dispose of contaminated soil;
backfill and regrade the excavated area with clean soil; and
install a groundwater treatment system.
Cleanup activities at the site are expected to take about six months to complete. Periodic site monitoring will continue
following the completion of site cleanup activities.
LOCATIONS TO VIEW PROJECT RELATED DOCUMENTS
WHO TO CONTACT IF YOU HAVE QUESTIONS
Questions and comments are welcome and can be directed to the contacts below:
Site Related Environmental Questions
Mr. Michael Mason, P.E. or Mr. Maurice Moore
Project Manager Local Project Contact
NYS Department of Environmental Conservation NYS Department of Environmental
Conservation
625 Broadway 270 Michigan Avenue
Albany, NY 12233 Buffalo, NY 14203
Phone: 402 -9814 or Phone: (716) 851 -7220
1- 800 - 342 -9296
Site Related Health Questions
Mr. Matthew Foreucci
Pubic Health Specialist
NYS Department of Health
584 Delaware Ave.
Buffalo, NY 14202
Phone: (716) 847 -4385
RECEIVED AND FILED
NO. 69
BOARD PACKET DOCUMENTS
Attached are the following documents from the April 3, 2006 Joint Schools Construction Board Meeting:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated March 6, 2006
3. Section left blank intentionally. The fully executed Phase II Application and Certificate for Payment No. 17 -
February 2006 will be distributed at the meeting.
4. Phase /I Application and Certificate for Payment No. 18 -March 2006
5. Program Packaging and Development Services (PPDS) Provider Update
6. Phase II Procurement Schedule dated March 23, 2006
7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for
Addendum 1 Phase II Project - February 2006
8. Summary of Career Path Meeting of March 16, 2006
RECEIVED AND FILED
NO. 60
REQUEST USE OF PARKING LOT
WALDEN AND BAKOS BLVD
EMPLOYEE PARKING
Thank you for speaking with me today.
As we discussed, Laidlaw is requesting that our company be allowed to use the parking lot adjacent to the Scajaquada
Little League Baseball Park off of Walden Avenue with access via Bakos Boulevard. We are proposing to use the lot
Monday through Friday from 6:00 AM to 5:30 PM for employee parking. We are estimating needing space for
approximately 75 -100 vehicles.
Please contact me at 894 -4778 if you need me to provide any other information. Also, please be assured that all of our
drivers have been notified that they are not permitted to use St. Mary's or Academy Roads unless they are picking up or
dropping off students.
I look forward to talking to you again soon.
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS AND THE DIRECTOR OF REAL ESTATE
NO. 61
"REUSE FOR RICHARDSON COMPLEX"
RES. #136 C.C.P. MARCH 21,2006
We are in receipt of the above cited resolution.
Planning for reuse of the H. H. Richardson Complex will be guided by a Commission to be appointed by Governor George
Pataki. It would be inappropriate for the College to endorse any specific proposal prior to that group's deliberation.
We will make a copy of the resolution for sitting a Presidential Library in the Richardson buildings available to the
Commission for their consideration.
RECEIVED AND FILED
NO. 62
BICYCLE / PEDESTRIAN ADVISORY BOARD OF BUFFALO, NY
My name is Lauren Mitchell. recently moved to Buffalo, NY from Chicago, IL in November 2004. 1 have been an avid
biker for years, mainly since 1991. My bike, the subway system and my feet were my main modes of transportation in
Chicago for many great years.
I truly miss those modes here. Due to certain family health constraints (elderly parents) I have been asked by my family to
use my Mom's car to be more accessible 24/7. Yes, it is helpful yet where is my relaxation time going from point A to B on
my bike or my feet? Where are those added pounds? They are here now. They would be gone if I walked or biked even a
mile a day.
I am interested in the above advisory board for a couple of different reasons. The main reason is to promote biking and
walking in this fair city of Buffalo. The best way to see a city and be involved in the new things going on is to do and see
whatever on a bike or on foot. Buffalo is not so big geographically, and a little bit of exercise can take you just about
wherever you want to go in a 20 to 30 minute bike ride or less. The hills are scarce so riding is an easy sell as far as I am
concerned. Bike safety and accessibility to a bike rack or place in which to lock a bike is key. I have first hand knowledge
of riding in a city and love it as a mode of transport over the long haul. I really think I could add insight and experience to
the board.
I am not sure what a bicycle resume looks like yet I will pass on references. I sold group insurance to the Chicagoland
Bicycle Federation many years ago and became a member and volunteered a bit for them. The executive director of the
federation is Randy Neufeld. I remember passing Randy on the lakefront path on New Years day one year. A former
neighbor and an employee of CBF(above) is David Glowatz a.k.a Mr. Bike, <glow @mrbike.com. He and I rode many
times in Critical Mass. Also, I owned my own company for 8 years in Chicago. I made and delivered Brownies as
corporate gifts. Each week, rain, sleet or snow, I rode two times per week to three grocery stores and then off to the
kitchen for baking. The round trip each time was at least three miles. In 8 years time, I only broke 6 eggs due to one tough
ride. In addition to purchasing and carrying all , -) —, items on my bike in my camel saddle racks on either side of the rear
wheel, many brownies were delivered via bike (excluding winter, icy times). On average, I rode about 1,500 miles per year
and walked at least 500 miles per year.
Recently after moving to Buffalo, I heard about Buffalo Blue Bikes. I love the concept of the organization. Justin Booth and
Randy from Rick's Cycle shop have taught me much about rebuilding bikes. They even helped me after my bike was
stolen here in Buffalo. I rebuilt 3 bikes. Reclycling a piece of junk in your basement or garage into a mode of transport,
exercise and fun is wonderful!
For my first 3 years of riding in Chicago, I used friends' bikes from their basements. Then I bought a great bike from a
police auction. The many 35 to 60 mile rides within the borders of Chicago were some of my fondest memories. On the
other hand, the century ride which was actually 108 miles was a good memory but I don't believe, unless you have to,
there is any reason to sit on a bike for 7 -8 hours straight. Now a 25 mile ride is just right.
If you are interested in contacting me please call me at work - Tues. through Fri. 10 -5 pm at 716- 833 -4450 ext 13 or home
during weekends and Mondays 716 - 884 -0780. 1 am ready and energized to help ride bikes and walk in Buffalo.
With warm regards,
Lauren L. Mitchell
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 63
ERIE COUNTY
BOARD OF ELECTIONS
COST OF VOTING MACHINES
Dear Elected Official:
As you are aware, recent Changes in New York State Election Law, as mandated by the Federal Help America Vote Act
(HAVA) of 2002, have thrust considerable new expenses on the Erie County Board of Elections.
At the same time; Erie County has been suffering through a budget crisis unmatched in its history. The Board of Elections
has suffered disproportionately in funding costs - and continues to be unable to meet its legal requirements on the
personnel budget included in the 2006 County Budget.
As part of the HAVA requirements, new voting machines will be purchased within the next year. Each such machine will
likely cost in the range of $4,000 to $9,000, depending upon many variables as well as the type of machine we select.
In light of these realities, the Erie County Board of Elections, in conjunction with local government units, will be attempting
to decrease the umber of election districts " throughout the county - and thereby decrease the cost of election inspectors,
polling places, machine transportation and the actual up front costs for the purchase of machines.
If you have any thoughts, concerns or suggestions, we would appreciate hearing from you, in writing, so that we can
accommodate voters' interests while allowing us to minimize the costs to the taxpayers of Erie County.
Very truly yours,
RECEIVED AND FILED
NO. 64
REQ FOR DEMOS 101 & 103 DOAT ST
We have been trying to get two properties adjacent to our church demolished for the past two (2) years. 101 and 103 Doat
St. At this time these two homes have been broken into and people have begun to dump their rubbish. I know the city has
had financial difficulties as it pertains to funds for demolition, but we are requesting expedited attention to this matter.
I would appreciate a response this letter at your earliest convenience.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIOER OF ECOMOMIC DEVELOPMENT,
PERMITS AND INSPECTIONS
NO. 66
PARKSIDE COMMUNITY ASSOCIATION, SUPPORT ZONING ORDINANCE # 511 -136
On behalf of the Parkside Community Association, I am asking for your support of Article XXVII Section 511 -136 of
Chapter 511 - Zoning of the Code of the City of Buffalo regarding Restricted Use Permit required for Human Service
Facilities.
The City of Buffalo is comprised of a variety of unique neighborhoods that are a blend of residential, business and human
service agencies. In order to keep this balance it is imperative that neighbors have a voice in human service facility usage
in order to avoid over saturation that could threaten this balance. The Parkside neighborhood alone has twenty human
service agencies that call this neighborhood home. Requiring human service facilities to go before the Zoning Board of
Appeals would result in proper notification of the surrounding neighborhood thereby keeping the lines of communication
0—pen for all interested parties.
We fully support the reinstatement of Section 511 -136 and urge this Council to vote in favor of this City Ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 66
COUNCIL REPRESENTATION ON ERIE CANAL HARBOR DEVELOPMENT CORPORATION
ITEM #144, CCP APRIL 4, 2006
We are in receipt of the Council Resolution requesting that the Directors of the Erie Canal Harbor Development
Corporation ( ECHDC) consider placing representation from the Common Council on the Board to foster communication
with the Council regarding waterfront projects. At present, the Chairman of ECHDC is out of the country, and therefore I
am responding on behalf of the corporation.
The ECHDC looks forward to working closely with the Buffalo Common Council on waterfront development projects and
issues. We have spent much of our time since being formed in late 2005 with re- starting the Bass Pro project dialogue
with the management and staff of Bass Pro in Missouri, drafting an overall Foot of Main Street development concept
within which the proposed retail outlet can flourish and cause other private development spin -off, and refining the multi-
party New York Power Authority settlement agreement discussions with City and County staff and other parties. We see
this time consuming groundwork leading to proposals that will be placed before your body by the Mayor and his staff in
the foreseeable future and look forward to participating in discussions with the Council on those matters.
The ECHDC is a subsidiary corporation of the Empire State Development Corporation (ESDC). Its present by -laws
(approved by, ESDC) limit the board to seven voting members, each of whom are recommended by the Governor to sit as
a Director. The mayor and County Executive were added by ESDC as ex- officio non - voting members or the purpose of
fostering communication with the City of Buffalo and County of Erie. The ECHDC itself may not add Directors to its board,
and the composition and size of the Board is subject to the Governor's approval. I trust that this information answers your
request to our organization.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT
NO. 67
BAILEY AMHERST BUSINESS ASSOCIATION - BUDGET
Dear Mr, Chwalinski:
Attached please find the above - referenced item to be filed as a late file for the Buffalo Common Council meeting to be
held on Tuesday, April 18, 2006.
Very truly yours,
Bonnie E. Russell
President Pro Tempore University District Council Member
REFERRED TO THE COMMITTEEON FINANCE AND THE COMMISSIONER OF ASSESSMENT /TAXATION.
PETITIONS
NO. 68
M. GOLDMAN, AGENT, USE 244 ALLEN - SIDEWALK CAFE (ELLICOTT)
(HRG. 4/25)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 69
D. CART, AGENT, USE 16 WOODLAWN- PARKING LOT (MASTEN)
(PHONE #)(716) (861- 0230- EELL)(688 -6G03)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 70
D. WILCOX, AGENT, USE 827 TONAWANDA- ILLUMINATED POLE SIGN (NORTH)
(PHONE #)(716) (877 -5535)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 71
D. MIKA, AGENT, USE 364 CONNECTICUT - GROUND SIGN (NIAGARA)
(PHONE #)(716) (434 -0167)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION. CITY PLANNING BOARD AND CORPORATION COUNSEL.
N X 111 � e 1 :Kole] L V i h V i I I i 9 4 *�
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 72
APPOINTMENT
ENGINEERING INSPECTOR (MAX) (PW)
(ITEM NO. 27 -APRIL 4, 2006)
That Communication 27, April 4, 2006 be received and filed and the provisional appointment of Eric D. Schmarder
stated above at the maximum starting salary of $41,150.00 effective on March 27, 2006 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 73
APPTS.- DETECTIVE
(CONT. PERM.) (MAX) (POL) ( #30,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 74
APPTS.- DETECTIVE SERGEANT (CONT. PERM.) (MAX) (POL)
( #31,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 75
APPOINTMENT
REPORT TECHNICIAN (INTER) (POL)
(ITEM NO. 32 -APRIL 4, 2006)
That Communication 32, April 4, 2006 be received and filed and the temporary appointment of Michele Pieri stated
above at the intermediate starting salary of $30,213.00 effective on February 27, 2006 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 76
NOTICE OF APPT.- TEMP. /PROV. /PERM. (C. CLK.)
( #58,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 77
ANNUAL STAFFING REPORT (HR)
(#47,2/7)
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 78
BUFFALO MUN. WATER FINANCE AUTH. -BASIC FIN. STATEMENTS & REQ. SUPP. INFO. -AS OF AND FOR THE
YEARS ENDED
6/30/05 & 2004 (COMPT) ( #8,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 79
BUFFALO WATER BOARD -BASIC FIN. STATEMENTS & SUPP. INFO. -AS OF AND FOR THE YEARS ENDED
6/30/05 & 2004 (COMPT) ( #9,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 80
REQ. IND./ENTITIES LOCATED OUTSIDE NYS WHO PURCHASE CITY -
OWNED PROP. SEC. BOND WITH COB (COMPT.) ( #12,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 81
REQ. IND./ENTITIES LOCATED OUTSIDE NYS WHO PURCHASE CITY -
OWNED PROP. SEC. BOND WITH COB (ASSESS /TAX) ( #14,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 82
AMEND LEASE AGREEMENT -406 PRATT ST. (PW)
( #16,4/4)
That the above item be and the same hereby is referred to the Committee on Finance
ADOPTED
NO. 83
LEASE REVISION - FRIENDS OF THE ELDERLY, YOUTH & FAMILY CENTER (PW)
( #25,4/4)
That the above item be and the same hereby is hereby referred to the Committee on Finance
ADOPTED
NO. 84
M. CAPPUCCITTI -REQ. ABATEMENT -36 GLENDALE
( #62,4/4)
That the above item be and the same hereby is referred to the Committee on Claims.
ADOPTED
NO. 85
INCREASED APPROPRIATION — MAYOR
(ITEM NO. 105, C.C.P., MAR. 7, 2006)
(ITEM NO. 90, C.C.P., APR. 4, 2006)
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. 86
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING
(HRG. 4/18) (CCP #139 4/4/06)
That the above item be and the same is returned to the Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON LEGISLATION.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Bonifacio, seconded by Mrs. Russell the item is properly before the Common Council, and the hearing
is opened.
Appearances — William Barry Atty, Heather Laney, Mental Health, William Furhman, Atty, Patrick Wesp Atty, Scott Van De
Genochte PDF Pres, Andrea Virginia Moore, HOME; Lynn Stephens, Resident; Art Robinson, Resident; Chuck Thomas,
Strategic Planning; Justin Azzarelii, Forever Elmwood Exec. Director; Karen Welch, Attny, Neighborhood Legal Services;
Suzanne Bissonette, Exec. Director, Cazenovia Recovery Services, Inc.; Marlene Schillinger, Jewish Family Services,
Father B. Orzewski, Red Cross; John Slosson, Resident - Linwood Avenue; Ms. , President of Allentown Assn.; F.
Pataki, Resident and others
Mr Bonifacio now moved that the hearing be closed Seconded by Mrs. Russell
Mr. Fontana moved:
That after the public hearing before the Committee on Legislation on April 18, 2006, the Ordinance Amendment as
contained in Item No. 139, C.C.P., April 4, 2006, be and the same hereby is recommitted to the Committee on Legislation,
City Planning Board, City Zoning Board
ADOPTED
NO. 87
N. QUARANTILLO, PETITION TO USE 311 BRYANT - SIT IN RESTAURANT (CONTINUED)
(ITEM NO. 76, C.C.P., APR. 4 2006)
That after the public hearing before the Committee on Legislation on April 11, 2006, the petition of. Quarantillo, agent, for
permission to reestablish terminated use of a sit -in restaurant on the first floor of 311 Bryant, a 3 story masonry mixed -use
building be, and hereby is approved.
PASSED
AYES —9 NOES — 0
NO. 88
G. WILLIAMS, PETITION TO USE 118 A/K /A 118 -120 MICHIGAN - BILLBOARD SIGNS
(ITEM NO. 77, C.C.P., APR. 4 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That after the public hearing before the Committee on Legislation on April 11, 2006, the petition of G. Williams, agent, for
permission to use 118 -120 Michigan to erect four billboard signs on the roof of a two story masonry warehouse be, and
hereby is DENIED
ADOPTED
NO. 89
W. NEWTON, PETITION TO USE 197 ALLEN - RESTAURANT USE
(ITEM NO. 78, C.C.P., APR. 4, 2006)
That after the public heating before the Committee on Legislation on April 1 I, 2006, the petition of W. Newton, agent, for
permission to use 197 Allen Street for a restaurant in the Allen Street District be, and hereby is approved.
PASSED
AYES — 9 NOES — 0
NO. 90
C. PANZICA, PETITION TO USE 220 DELAWARE AVENUE - SIDEWALK CAFE
(ITEM NO. 79, C.C.P., APR. 4, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That the petition of. Panzica, owner, for permission to use 220 Delaware Avenue to erect a sidewalk car6 34'x 6.75" be,
and hereby is approved.
Passed.
AYES — 9 NOES — 0
NO. 91
J. CHILDS, PETITION TO USE 900 MAIN STREET - OUTDOOR CAFE (ADDED)
(ITEM NO. 80, C.C.P., APR. 4, 2006)
That the petition of J. Childs, owner, for permission to use the existing outdoor cafe at 900 Main Street be, and hereby is
recommitted to the Committee on Legislation.
ADOPTED
NO. 92
ORD. AMEND.- CHAPTER 154 - DISCRIMINATION
(# 150,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 93
ORD. AMEND.- CHAPTER 154 - DISCRIMINATION (AMENDED)
( #150,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 94
ORDINANCE AMENDMENT - CHAPTER 154 - DISCRIMINATION (AMENDED II)
(ITEM NO. 152, C.C.P., APR. 4, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is received and filed
ADOPTED
NO. 95
ORD. AMEND.- CHAPTER 154 - DISCRIMINATION
( #141,3/21
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 96
ADULT USE PERMIT INSPECTIONS
(ITEM NO. 136, C.C.P., APR. 4, 2006)
That after the Common Council hereby requests the Corporation Counsel to amend Chapter 511 -95 to allow for the
enforcement of all local, state and federal rules, regulations, and laws. Additionally, that the Departments of Economic
Development and Permit and Inspection Services in conjunction with the Buffalo Police Department implement a
coordinated plan for at least the annual inspection of all locations a coordinated plan for at least the annual inspection of
all locations are issued an "Adult Use" Permit.
PASSED
AYES — 9 NOES — 0
NO. 97
MOVING EXPENSE POLICY (COMPT.)
( #11,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 98
AMENDMENT OF ADOPTED URBAN RENEWAL PLAN (ELL. URB. RAN. PLAN)
( #33,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 99
RESTAURANT DANCING CLASS HI - 248 ALLEN
(ITEM NO. 41, C.C.P., APR. 4, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved
That the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 100
USED CAR DEALER LICENSE - 1338 WEST AVENUE
(ITEM NO. 45, C.C.P., APR. 4, 2006)
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services Permit be, and he hereby is authorized to
grant a Used Car Dealer license to John Rodriquez, d /b /a Jrodz Auto Sales, located at
1338 West Avenue stipulating that no repairs of cars and storage of cars be allowed on the premises
PASSED
AYES - 9 NOES -0
NO. 101
P. SHALHOUB- CHAPTER 11 CASES - ADELPHIA
( #73,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 102
ELLICOTT URB. REN. PLAN AMENDMENT - 164 -192 SWAN & 175 -189 S. DIVISION
(PLAN BD.) ( #2,3/21)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 103
AMENDMENT OF URBAN RENEWAL PLAN -175 S. DIVISION ST. (PLAN BD.)
( #3,3/21)
That the above item be and the same hereby is received and flied.
ADOPTED
NO. 104
ELLICOTT DEV. CO. -PROP. PKG. LOT AT MICHIGAN AVE. & S. DIVISION ST. (PLAN BD.)
(#4,3/21)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 105
POSSIBILITY OF MERGING BFLO. SEWER AUTHORITY & THE BUFFALO WATER SYSTEM
( #146,11/30
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 106
REQ. FOR PROACTIVE CLEANING OF COB SEWER SYSTEMS (2 RES.)
( #107,11/15
That the above item be and the same hereby is received and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 107
BNRC AUDITED FINANCIAL STATEMENTS (STRAT. PLAN.)
( #5,4/5)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 108
REQUIRING THE BUFFALO URBAN RENEWAL AGENCY TO ABIDE BY THE
CITY CHARTER WHEN SELLING PROPERTY
(ITEM NO. 125, C.C.P., FEB. 7, 2006)
That after the Common Council supports Buffalo Urban Renewal Agency adopting a policy which requires them to abide
by the Buffalo City Charter when selling real property.
ADOPTED
NO. 109
A. THOM PSON-ATTAC H M ENT-RESOLUTION-RE NOVATI NG, VACANT, FORECLOSED PROPERTIES
( #53,11/15)
That the above item be and the same hereby is received and filed.
ADOPTED
RESOLUTIONS
NO. 110
BY: MR. DAVIS
INCREASED APPROPRIATION
MAYOR & EMPLOYEE RELATIONS
That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the Budget for the cm -rent fiscal year, be and the same hereby is increased in the stuns of
$4,400, $7,586.76 and $1,537.73.
From:
That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account:
10030030 - 365003 Mayor- Gifts& Donations $13,524.49
To:
To meet the increased appropriation as set forth below:
10301001 - 414005 Mayor - Relocation Compensation $4,400.00
10301001 - - 415005 Mayor - Moving Allowance $7,586.76
12553006 - 456011 Employee Relations - Recruitment Expenses $1,537.73
PASSED
AYES - 9 NOES -0
NO. 111
By: Mr. Davis
INCREASED APPROPRIATION
PARKING ENTERPRISE FUND BALANCE CAPITAL PROJECTS
That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the Capital Budget for the current fiscal year, be and the same hereby is increased in the
sum of $1,718,073.50. The increased appropriation will be met from the Unreserved /Designated Fund Balance for Parking
Ramps.
That, the comptroller be and hereby is authorized and directed to increase the appropriation estimates of accounts:
FROM:
51000000 - 253100 Fund Balance Downtown Ramps
TO:
$1,718,073.50
51008207 - 470010 BCAR Capital Expenditures
PASSED
AYES -9. NOES -0.
$1,718.073.50
NO. 112
By: Mr. Davis
INCREASED APPROPRIATION
STATE AID
VARIOUS DEPARTMENTS
That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the Budget for the current fiscal year, be and the same hereby is increased in the sums of
$2,100,000, $1,900,000 and $2,000,000.
From:
That, the Comptroller be and hereby is authorized and directed to increase the revenue estimate for account:
10700010 - 335006 State Aid $6,000,000.00
To:
To meet the increased appropriation as set forth below:
1 21 32001 - 41 3001 Fire Overtime
17221008 - 480205 Prior Year Claims
17422008 - 487202 Ran Payment
PASSED
AYES -9. NOES -0.
$2,100,000.00
$1,900,000.00
$2,000,000.00
NO. 113
By: Mr. Davis
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the sum of $2,000 be and the same is hereby transferred within Common Council Legislative and said sum is
hereby reappropriated as set forth below:
From:
Council 11
10112004 —458001
$1,500.00
10112004 —458002
$ 500.00
To:
Legisl PS Hourly
10102001 412002
$2,000.00
PASSED
AYES -9. NOES -0.
NO. 114
BY: MR. DAVIS
TRANSFER OF FUNDS
CAPITAL PROJECTS
That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the sum of $78,265.93 be and hereby is transferred and reappropriated as set forth below.
From:
30000106 - 445100 Planning Capital Projects
To:
$78,265.93
31540006 - 445100 Cars on Main St.
PASSED.
AYES -9. NOES -0.
$78,265.93
NO. 116
By: Mr. Davis
SUPPORT BUFFALO BILLS IN WESTERN NEW YORK
Whereas: In October 1959, the American Football League granted their 7 Franchise to Buffalo with Ralph Wilson, Jr., of
Detroit, Michigan, as principal owner. One month later, Mr. Wilson, Jr., announced the teams name: "Bills;" and
Whereas: The Buffalo Bills have been a regional team since the beginning. Their first training camp was at the Roycroft
Inn in East Aurora, NY. They played
their first preseason game before 16,000 fans in Downtown Buffalo's War Memorial Stadium in July 1960; and
Whereas: Although the seating capacity was upgraded on various occasions, it was clear the Buffalo Bills fan base had
outgrown War Memorial Stadium. The team started their 1973 season to a sellout crowd of 80,020 fans at the new Rich
Stadium in Orchard Park, NY; and
Whereas: 1981 again brought a change to the Buffalo Bills. The location of training camp was moved from East Aurora,
NY, to the SUNY at Fredonia Campus; and
Whereas: Over the past 33 years that the Bills have called Orchard Park home, the stadium has undergone many
changes to accommodate the growth and support the team has had from the Western New York fans. The Ralph C.
Wilson, Jr., Field House opened in 1995 with a fan interactive area; NY State & Erie County have signed leases securing
the Bills home in Orchard Park, most recently the 1998 15 year stadium lease & renaming of the stadium "'Ralph Wilson
Stadium;" and
Whereas: During the seasons of exciting wins, runs for the Superbowl, pride for outstanding players and coaching staff,
to disappointing losses and seasons for rebuilding the Western New York Community has stood behind the team and the
team has supported the Community; and
Whereas: A way of life in Western New York, many businesses rely on the Buffalo Bills for their survival: many charities
benefit by Bills team members involvement; and for many residents their quality of life is enhanced; and
Whereas: The National Football League recently passed a new collective bargaining agreement. This CBA will run
through the 2011 -1 botball season, add to the players' compensation pool, substantially increase the salary cap, and
includes a revenue - sharing component. The 15 teams with the most revenue will be required to pay into the pool; and
Whereas: Buffalo Bills Owner, Ralph Wilson, alleges that the new CBA will hurt small- market clubs, including the Buffalo
Bills. Mr. Wilson, for years, has stated that he would not move the Bills from Buffalo, however, recently he has
acknowledged that because of the new collective bargaining agreement, he could no longer guarantee that he wouldn't
sell or move the team;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does offer its whole - hearted support for the Buffalo Bills Football Team
and its home in Western New York; and
Now, Therefore, Be It Further Resolved:
That the Common Council of the City of Buffalo does hereby direct that certified copies of this resolution be sent to the
Governor of New York, Federal and New York State Representatives, the Western New York Delegation, the Erie County
Executive, the Erie County Legislature, Ralph Wilson, Jr., the Buffalo Bills Organization, and the National Football
League.
ADOPTED.
NO. 116
BY: Mr. Franczyk
RESTORE AID CUT TO BUFFALO
WHEREAS: The New York State Legislature voted to approve $20 - million in state aid to be divided equally between the
City of Buffalo and the County of Erie; and,
WHEREAS: Governor George Pataki vetoed the additionally $8- million in aid to
Buffalo, preferring $18- million for the county and only two million for the city; and,
WHEREAS: The governor's veto severely hurts the City of Buffalo insofar as it hobbles the city's ability to effectively
reengineer government, including possible merger and consolidation proposals; and,
WHEREAS: Unlike the county, the City of Buffalo has demonstrated recently that it has exercised better fiscal discipline
than the county without radically cutting services thus meriting an equal spilt of the $20 - million, if not more; and,
WHEREAS: Mayor Byron Brown has called on the State Legislature to restore the $10- million is aid to the City of Buffalo;
NOW THEREFORE BE IT RESOLVED:
That the Common Council petitions the New York State Legislature to override Governor Pataki's veto cutting the
additional aid to Buffalo, thus restoring Buffalo's full additional aid to the legislature's previously approved amount of $10
million.
ADOPTED.
NO. 117
BY: MR. FRANCZYK
STRENGTHEN PEST MANAGEMENT BOARD
WHEREAS: The Common Council established the Pest Management Board on April 24, 1990 as a way to phase out the
use of pesticides that are toxic to non - target organisms by the City of Buffalo, employ pest control strategies which are the
least hazardous to human health and the environment, and to adopt pest management programs and strategies which
place first priority on the prevention of pest problems by using pesticides that are toxic to non - target organisms only in
emergencies as defined in subsection 6 -47; and,
WHEREAS: There is currently no staff assigned to the Buffalo Pest Management Board and,
WHEREAS: The City Charter mentions staffing for the board, but the duties have not been assigned to a specific
employee. The City Charter Part 1, Chapter 6, Article VII, and Section 6 -41 B states that "The Board will establish and
consult with, as the Board deems necessary, a subcommittee of city department personnel involved in pest management
activities;" and,
WHEREAS: As, Chapter 6 Section 44, Objectives of the Board and Chapter 6 Section 45, the Functions and Powers of
the board are broad and numerous in nature and could use a dedicated staff person to make this Board more effective
and functional and;
WHEREAS: The Buffalo Environmental Management
Commission and the Buffalo Pest Management Board -requests that it be staffed and recognized in the same standing as
the Planning Board, and the Zoning of Appeals and;
WHEREAS: The Buffalo Environmental Management Commission is a freestanding body outlined in Article 18 Section 51
of the City Charter, and Buffalo Pest Management Board is outlined in Part I, Article VII, Chapter 6 Section 39 of the City
Charter and;
NOW THEREFORE BE IT RESOLVED: In the interests of efficiency, the chairpersons of the Buffalo Environmental
Management Commission and the Buffalo Pest Management Board and their prospective staffs become a permanent
standing committee of the Buffalo Environmental Management Commission, and,
BE IT FINALLY RESOLVED:
That staffing to the Buffalo Pest Management Board be staffed by a person or persons from the city Office of
Environmental Affairs.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO. 118
By: Mr. Franczyk:
SUPPORT BROWNFIELD OPPORTUNITY AREA APPLICATION
WHEREAS: In October 2003 New York State, as part of major Brownfield Reform, passed legislation which created a
program entitled the Brownfield Opportunity Area program to provide 90% grants, up to $1,000,000 to municipalities to
provide planning funds to achieve community consensus and create an implementation strategy, including SEQRA
compliance and the creation of an Urban Renewal Plan
WHEREAS: the need for a strategic and implementable plan for remediating, and re- building our former industrial lands
and their supporting neighborhoods with a hard look at environmental conditions, and compatible land uses with public
input has grown; and
WHEREAS: we deem it to be in the best interests of the residents of the City of Buffalo to submit an application for
designation as a Brownfield Opportunity Area to allow access for funding to undertake any and all eligible activities to
assist in the redevelopment of this strategic region.
WHEREAS: the properties located north of the Buffalo River offer great potential to study the effects of the many
brownfield sites and present opportunities to master plan these parcels for future smart redevelopment
Whereas: In order to formally consider adoption of an area wide plan and allow for its implementation which may entail
other municipal actions such as funding, the creation and adoption of an urban renewal plan and /or zoning actions and or
the construction of roads and /or other amenities, all with the assistance of the community, the City will comply with the
State Environmental Quality Review Act
NOW THEREFORE BE IT RESOLVED: That the Mayor is hereby authorized to submit a Brownfield Opportunity Area
application for funding to undertake any and all eligible activities as set forth pursuant to the Brownfield Opportunity Area
Program and;
BE IT FURTHER RESOLVED: That the Mayor is hereby authorized to execute any and all documentation necessary to
apply, accept and administer said grant funding.
ADOPTED
NO. 119
By: Mr. Globe
11101 FATITI9 0 DIA19161 N N 11161:1
Whereas: In October 2003 New York State, as part of major Brownfield Reform, passed legislation which created a
program entitled the Brownfield Opportunity Area program to provide 90% grants, up to $1,000,000 to municipalities to
provide planning funds to achieve community consensus and create an implementation strategy, including SEQRA
compliance and the creation of an Urban Renewal Plan, and
Whereas: The need for a strategic and implement able plan for remediation, and re- building our former industrial lands
and their supporting neighborhoods with a hard look at environmental conditions, and compatible land uses with public
input has grown, and
Whereas: We deem it to be in the best interests of the residents of the City of Buffalo to submit an application for
designation as a Brownfield Opportunity Area to allow access for funding to undertake any and all eligible activities to
assist in the redevelopment of this strategic region, and
Whereas: The properties located along the Tonawanda Corridor offer great potential to study the effects of the many
Brownfield sites and present opportunities to master plan these parcels for future smart redevelopment, and
Whereas: In order to formally consider adoption of an area wide plan and allow for its implementation which may entail
other municipal actions such as funding, the creation and adoption of an urban renewal plan and /or zoning actions and or
the construction of roads and /or other amenities, all with the assistance of the community, the City will comply with the
State Environmental Quality Review Act.
Now, Therefore, Be It Resolved:
That the Mayor is hereby authorized to submit a Brownfield Opportunity Area application for funding to undertake any and
all eligible activities as set forth pursuant to the Brownfield Opportunity Area Program, and
Be It Finally Resolved:
That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said
grant funding.
ADOPTED
NO. 120
By: Mrs. Russell
IDENTIFICATION OF BUSINESS ENTITIES
The public holds Councilmember's responsible for everything that occurs in their particular Council District; and
The key to serving the public for Councilmember's is being informed and having access to information regarding what is
occurring in their Council District; and
The opening of a business within a Council District is an important event that Councilmember's and City officials should
be made aware of; and
Prior to opening, a business must file information with Federal, State and County governments for corporate and tax
purposes; and
Section 122 -3 of the City Code requires every owner and operator of commercial, industrial or business premises who is
not otherwise required to obtain a license or permit under the Code of the City of Buffalo to provide a brief description of
the activities on said premises to the Commissioner of Inspections and Licenses; and
Obtaining the information required by Section 122 -3 of the Code would be very helpful for Councilmember's and City
officials in general to obtain contact information for businesses and to ensure that licenses and permits are being
complied with; and
It appears that Section 122 -3 of the Code is not being complied with by most businesses as they and City officials may not
be aware of the Code requirement; and
Now Therefore Be It Resolved
That a copy of this resolution be forwarded to Richard Tube Commissioner of Economic Development Permits &
Inspections for comment as to what can be done to bring about compliance with the requirements of Section 122 -3 of the
City Code.
Be It Further Resolved
That this resolution be forwarded to an appropriate Committee of the Council for purposes of addressing the response
received from Commissioner Tube.
ADOPT IST RESOLVE THE REMAINDER TO THE COMMITTEE ON LEGISLATION.
NO. 121
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
21 - DEPARTMENT OF FIRE
1131 -ADMINISTRATION
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 - 1131 Department of Fire -
Administrative which currently reads:
1 Typist $ 25,162- $ 27,847
Is hereby amended to read:
1 Senior Typist $ 26,590 - $ 29,673
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing
ordinance is necessary.
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties
for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed
position
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. 122
By: Mr. Thompson, Mr. Locust
FAIR SHARE FOR HEALTH CARE ACT
Whereas: The growing number of individuals and families without health insurance is one of the greatest crises facing
New York State; and
Whereas The rising cost of public health programs, especially Medicaid, is a great strain on the finances of state and
county government, and a major cause of the growing property -tax burden; and
Whereas Currently, large employers such as Wal -Mart and others are being pushed to pay a greater share of their
workers' health care coverage; and
Whereas Many of their workers are on public assistance, even though they work more than 30 hours per week; and
Whereas The proposed bill, called the Fair Share for Health Care Act, would make large companies spend at least $3 per
hour per worker on health care benefits; and
Whereas: Similar legislation has been passed in Maryland that requires companies with more than 10,000 workers to
devote at least 8 percent of payroll costs to employee health insurance; and
Whereas: Seventy -four (74) members of the NYS Assembly and thirteen (13) members of the NYS Senate from both
major parties are either co- sponsoring and /or supporting the proposed legislation; and
Whereas: The passing of this legislation would assist Western New York residents in provisions for improvements towards
health care and quality of life.
Now, Therefore Be It Resolved That:
This Common Council goes on record in support of the Fair Share for Health Care Act in New York State, Bill # S07090
and Bill #A10583; and
Now, Therefore Be It Finally Resolved That:
This Common Council requests that copies of this resolution are sent to the Western New York
Delegation of the New York State Legislature, the Minority Leader of the NYS Senate, the Majority Leader of the NYS
Senate, Speaker of the NYS Assembly, and Governor Pataki.
ADOPTED.
NO. 123
BY: MR. THOMPSON
ORDINANCE AMENDMENT CHAPTER 154, DISCRIMINATION
(EXEMPT DOUBLES -RIGHT TO SUE)
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 154 of the Code of the City of Buffalo is amended to read as follows:
§ 154 -12, Fair Housing Ordinance, Legislative Intent
It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it
necessary to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property
values yet ensure housing choices for all residents.
154 -13, Definitions
a) Advertising - printing, circulating, placing or publishing or causing to be placed or published any written statement,
including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a
housing accommodation with any person, business or entity which maintains a referral list of available housing_
b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities; or a
record of having such an impairment; or a condition regarded by others as such an impairment; or an association with a
person with such an impairment.
c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual
who has not attained the age of eighteen years; or one or more individuals who have not attained the age of eighteen
years domiciled with a parent or another person having legal custody of such individual or the designee thereof.
d) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied,
intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living
quarters.
e) Landlord - an owner, lesser, sub - lesser, owner's or lesson's assignee, or managing agent, or other person having the
right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof.
f) Marital Status - single, married, divorced, separated or widowed.
M Military Status - a person's participation in the United States military or the military of a state
h) National Origin - ancestry.
I) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives.
I) Rent - to lease, sublease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by
the occupant.
k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality.
1) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender
identity, self- image, appearance, expression or behavior, whether or not that gender identity, self- image, appearance,
expression or behavior is different than that traditionally associated with the person's sex at birth.
m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not
limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government
subsidies such as Section 8 or other housing subsidies.
§ 154 -14 - Rights of Landlords
This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the
following conditions are met:
a) The person's source of income is unstable, or insufficient to pay the rent or the source of said income is from an
unlawful source; or
b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months; or
c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months,
except where those complaints can be reasonably attributed to harassment or discriminatory intent; or
d) The person intends to occupy the housing accommodation with a larger number of persons than can be
accommodated under occupancy standards established by law; or
e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory
practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are
applied equally to all prospective tenants.
§ 1154 -15, Promotion of Fair Housing Goals
Within 120 days of the effective date of this Ordinance, all landlords owning more than 20 rental units within the City of
Buffalo, and all real estate offices within the City of
Buffalo, selling more than 20 residential housing accommodations within a calendar year, shall be required to use the
equal opportunity logotype or a statement of equal opportunity housing on applications and marketing materials, and to
display in rental or real estate offices a public notice of equal opportunity in housing_
§ 154 -16, Notification to Multiple Dwelling Owners
Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code §129 -6 shall also complete a
certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing
Ordinance for the City of Buffalo, and has received a copy of said Ordinance. The Department of Permit and Inspection
Services shall ensure that such owners receive a copy of the Fair Housing Ordinance.
§ 154 -17 - Unlawful Discriminatory Practices
It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following_
a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any
person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status,
marital status, age, sexual orientation, gender identity and expression, military status or source of income.
b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing
accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national
origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status
or source of income.
c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form
or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection
with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital
status, age, sexual orientation, gender identity and expression, military status or source of income.
d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the
entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex,
disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of
income.
e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such
modifications may be necessary to afford such person full enoyment of the housing accommodation, and a refusal to
make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with
disabilities equal opportunity to use and end the housing accommodation.
f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any
person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced
under this Chapter
g) For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part
of the making of loans and arranging of financing for housing or secured by real property or the issuance of property
insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed,
color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression,
military status or lawful source of income.
§ 154 -18, Exemptions
The provisions of this Chapter shall apply to all housing accommodations within the City of Buffalo as well as land zoned
for residential uses except the following_
a) The rental of a housing accommodation on a parcel that contains housing accommodations for not more than two
households living independently if the owner resides in one of the dwelling units;
b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex;
c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be
required to share part of their living quarters with another occupant or occupants not of their own choice; and
d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 gears of age or older and
their spouses with respect to age and familial status
Only.
154 -19, Enforcement
a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and /or refer complaints
under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing
complaints.
b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint
alleging violation of this Chapter within one year from the date of the occurrence. Such complaint shall be in writing, and in
such form as required by the Fair Housing Officer.
c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint,
and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice.
The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall,
thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable
cause to establish discriminatory conduct.
d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint,
he /she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory
practices, and may include such compensation and /or affirmative relief as is agreed upon by the parties. Conciliation
agreements shall not be subject to confidentiality agreements.
e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and
determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this
Chapter, and refer the matter as detailed in section 154 -20 below.
154 -20, Penalties
Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of
discriminatory practice, the Fair Housing Officer may:
a) Request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction,
seeking the imposition of the following penalties:
1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of
discrimination being considered a separate offense: and /or
2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of
the housing accommodation(s) in question, and any other equitable relief necessary to effect the purposes of
this Chapter: and /or
3) All costs, expenses and disbursements incurred by the City of Buffalo in
Effecting compliance with this Chapter: and /or
4) Such other relief directed by a court of appropriate jurisdiction; and /or
b) request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief,
damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or
proceeding, the court, in its discretion may allow the party commencing such action or proceeding, if such party prevails, a
reasonable attorney's fee as part of the costs.
c) The Corporation Counsel may seek a Contempt Order from a court of appropriate jurisdiction if necessary, to enforce a
conciliation agreement or penalties imposed under this Chapter.
d) The aggrieved party may commence a civil action or proceeding for injunctive relief, damages, and other appropriate
relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court, in its
discretion, may allow for the party- commencing such action or proceeding, if such party prevails, a reasonable attorney's
fee as part of the costs.
§154 -21, Annual Report
The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the
caseload, a summary of dispositions of complaints filed and /or referred to housing agencies, and recommendations
regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than
March 1 st of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights,
the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban
Development.
154 -22, Other Remedies
Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue any other remedies that may be
available under the laws of the State of New York, the United States or any other applicable jurisdiction.
154 -23, Construction
Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any
other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this
Chapter.
§ 154 -24, Severability
If any part of this Chapter shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not impair or invalidate the remainder of this Chapter.
It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of
the foregoing ordinance is necessary.
APPROVED AS TO FORM
Alisa A. Lukasiewicz
Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 124
By: Mr. Thompson
ORDINANCE AMENDMENT CHAPTER 154, DISCRIMINATION
(EXEMPT DOUBLES, NO RIGHT TO SUE)
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 154 of the Code of the City of Buffalo be amended to read as follows:
§ 154 -12, Fair Housing Ordinance, Legislative Intent
It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it
necessary to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property
values vet ensure housing choices for all residents.
154 -13, Definitions
a) Advertising - printing, circulating, placing or publishing or causing to be placed or published any written statement,
including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a
housing accommodation with any person, business or entity which maintains a referral list of available housing_
b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities: or a
record of having such an impairment: or a condition regarded by others as such an impairment: or an association with a
person with such an impairment.
c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual
who has not attained the age of eighteen years: or one or more individuals who have not attained the age of eighteen
years domiciled with a parent or another person having legal custody of such individual or the designee thereof.
d) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied,
intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living
quarters.
e) Landlord - an owner, lessor, sub - lessor, owner's or lessor's assignee, or managing agent, or other person having the
right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof.
f) Marital Status - single, married, divorced, separated or widowed.
g) Military Status - a person's participation in the United States military or the military of a state
h) National Origin - ancestry.
i) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives.
I) Rent - to lease, sublease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by
the occupant.
k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality.
1) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender
identity, self- image, appearance, expression or behavior, whether or not that gender identity, self- image, appearance,
expression or behavior is different than that traditionally associated with the person's sex at birth.
m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not
limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government
subsidies such as Section 8 or other housing subsidies.
§ 154 -14 - Rights of Landlords
This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the
following conditions are met:
a) The person's source of income is unstable, or insufficient to pay the rent or the source of said income is from an
unlawful source: or
b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months: or
c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months,
except where those complaints can be reasonably attributed to harassment or discriminatory intent: or
d) The person intends to occupy the housing accommodation with a larger number of persons than can be
accommodated under occupancy standards established by law: or
e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory
practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are
applied equally to all prospective tenants.
§ 1154 -15, Promotion of Fair Housing Goals
Within 120 days of the effective date of this Ordinance, all landlords owning more than 20 rental units within the City of
Buffalo, and all real estate offices within the City of Buffalo, selling more than 20 residential housing accommodations
within a calendar year, shall be required to use the equal opportunity logotype or a statement of equal opportunity housing
on applications and marketing materials, and to display in rental or real estate offices a public notice of equal opportunity
in housing.
§ 154 -16, Notification to Multiple Dwelling Owners
Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code § 129 -6 shall also complete a
certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing
Ordinance for the City of Buffalo, and has received a copy of said Ordinance. The Department of Permit and Inspection
Services shall ensure that such owners receive a copy of the Fair Housing Ordinance.
§ 154 -17 - Unlawful Discriminatory Practices
It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following_
a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any
person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status,
marital status, age, sexual orientation, gender identity and expression, military status or source of income.
b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing
accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national
origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status
or source of income.
c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form
or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection
with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital
status, age, sexual orientation, gender identity and expression, military status or source of income.
d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the
entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex,
disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of
income.
e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such
modifications may be necessary to afford such person full enoyment of the housing accommodation, and a refusal to
make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with
disabilities equal opportunity to use and end the housing accommodation.
f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any
person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced
under this
Chapter.
M For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part
of the making of loans and arranging of financing for housing or secured by real property or the issuance of property
insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed,
color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression,
military status or lawful source of income.
§154 -18, Exemptions
The provisions of this Chapter shall apply to all housing accommodations within the City of Buffalo as well as land zoned
for residential uses except the following_
a) The rental of a housing accommodation on a parcel that contains housing accommodations for not more than two
households living independently if the owner resides in one of the dwelling units;
b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex
c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be
required to share part of their living quarters with another occupant or occupants not of their own choice; and
d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 years of age or older and
their spouses with respect to age and familial status
154 -19, Enforcement
a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and /or refer complaints
under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing
complaints.
b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint
alleging violation of this Chapter within one year from the date of the occurrence. Such complaint shall be in writing, and in
such form as required by the Fair Housing Officer.
c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint,
and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice.
The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall,
thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable
cause to establish discriminatory conduct.
d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint,
he /she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory
practices, and may include such compensation and /or affirmative relief as is agreed upon by the parties. Conciliation
agreements shall not be subject to confidentiality agreements.
e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and
determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this
Chapter, and refer the matter as detailed in section 154 -20 below.
154 -20, Penalties
Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of
discriminatory practice, the Fair Housing Officer may_
a) request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction,
seeking the imposition of the following penalties:
1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination
being considered a separate offense; and /or
2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of the
housing accommodation(s) in question, and any other equitable relief necessary to effect the purposes of this Chapter;
and /or
3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter; and /or
4) Such other relief directed by a court of appropriate jurisdiction; and /or
b) request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief,
damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or
proceeding, the court, in its discretion may allow the party commencing such action or proceeding, if such party prevails, a
reasonable attorney's fee as part of the costs.
c) The Corporation Counsel may seek a Contempt Order from a court of appropriate jurisdiction if necessary, to enforce a
conciliation agreement or penalties imposed under this Chapter.
§ 154 -21, Annual Report
The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the
caseload, a summary of dispositions of complaints filed and /or referred to housing agencies, and recommendations
regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than
March 1 st of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights,
the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban
Development.
154 -22, Other Remedies
Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue any other remedies that may be
available under the laws of the State of New York, the United States or any other applicable jurisdiction.
154 -23, Construction
Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any
other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this
Chapter.
§ 154 -24, Severability
If any part of this Chapter shall, for an reason, be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not impair or invalidate the remainder of this Chapter.
APPROVED AS TO FORM
Alisa A. Lukasiewicz
Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
By: Mr. Thompson
No. 125
ORDINANCE AMENDMENT CHAPTER 154, DISCRIMINATION
(EXEMPT TRIPLES -RIGHT TO SUE)
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 154 of the Code of the City of Buffalo be amended to read as follows:
§ 154 -12, Fair Housing Ordinance, Legislative Intent
It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it
necessary to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property
values yet ensure housing choices for all residents.
154 -13, Definitions
a) Advertising - printing, circulating placing or publishing or causing to be placed or published any written statement,
including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a
housing accommodation with any person, business or entity which maintains a referral list of available housing_
b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities: or a
record of having such an impairment: or a condition regarded by others as such an impairment: or an association with a
person with such an impairment.
c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual
who has not attained the age of eighteen years: or one or more individuals who have not attained the age of eighteen
years domiciled with a parent or another person having legal custody of such individual or the designee thereof.
d) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied,
intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living
quarters.
e) Landlord - an owner, lessor, sub - lessor, owner's or lessor's assignee, or managing agent, or other person having the
right to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof,
f) Marital Status - single, married, divorced, separated or widowed.
g) Military Status - a person's participation in the United States military or the military of a state
h) National Origin - ancestry.
i) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives.
I) Rent - to lease, sublease, to let or to otherwise grant for a consideration the right to occupy a premises not owned by
the occupant.
k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality.
1) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender
identity, self- image, appearance, expression or behavior, whether or not that gender identity, self- image, appearance,
expression or behavior is different than that traditionally associated with the person's sex at birth.
m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not
limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government
subsidies such as Section 8 or other housing subsidies.
§ 154 -14 - Rights of Landlords
This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the
following conditions are met:
a) The person's source of income is unstable, or insufficient to pay the rent or the source of said income is from an
unlawful source: or
b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months: or
c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months,
except where those complaints can be reasonably attributed to harassment or discriminatory intent: or
d) The person intends to occupy the housing accommodation with a larger number of persons than can be
accommodated under occupancy standards established by law: or
e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory
practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are
applied equally to all prospective tenants.
1154 -15, Promotion of Fair Housing Goals
Within 120 days of the effective date of this Ordinance, all landlords owning more than 20 rental units within the City of
Buffalo, and all real estate offices within the City of Buffalo, selling more than 20 residential housing accommodations
within a calendar year, shall be required to use the equal opportunity logotype or a statement of equal opportunity housing
on applications and marketing materials, and to display in rental or real estate offices a public notice of equal opportunity
in housing.
§ 154 -16, Notification to Multiple Dwelling Owners
Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code § 129 -6 shall also complete a
certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing
Ordinance for the City of Buffalo, and has received a copy of said Ordinance. The Department of Permit and Inspection
Services shall ensure that such owners receive a copy of the Fair Housing Ordinance.
§ 154 -17 - Unlawful Discriminatory Practices
It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following_
a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any
person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status,
marital status, age, sexual orientation, gender identity and expression, military status or source of income.
b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing
accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national
origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status
or source of income.
c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form
or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection
with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital
status, age, sexual orientation, gender identity and expression, military status or source of income.
d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the
entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex,
disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of
income.
e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such
modifications may be necessary to afford such person full enoyment of the housing accommodation, and a refusal to
make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with
disabilities equal opportunity to use and end the housing accommodation.
f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any
person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced
under this
Chapter.
g) For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part
of the making of loans and arranging of financing for housing or secured by real property or the issuance of property
insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed,
color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression,
military status or lawful source of income.
§ 154 -18, Exemptions
The provisions of this Chapter shall apply to all housing accommodations within the City of Buffalo as well as land zoned
for residential uses except the following_
a) The rental of a housing accommodation on a parcel that contains housing accommodations for not more than three
households living independently if the owner resides in one of the dwelling units, or the rental of a housing
accommodation on a parcel that contains more than one residential dwelling in which no dwelling is for more than three
households or less living independently if the owner resides in one of the dwelling units
b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex
c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be
required to share part of their living quarters with another occupant or occupants not of their own choice; and
d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 years of age or older and
their spouses with respect to age and familial status
154 -19, Enforcement
a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and /or refer complaints
under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing
complaints.
b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint
alleging violation of this Chapter within one year from the date of the occurrence. Such complaint shall be in writing, and in
such form as required by the Fair Housing Officer.
c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint,
and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice.
The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall,
thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable
cause to establish discriminatory conduct.
d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint,
he /she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory
practices, and may
include such compensation and /or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be
subject to confidentiality agreements.
e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and
determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this
Chapter, and refer the matter as detailed in section 154 -20 below.
154 -20, Penalties
Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of
discriminatory practice, the Fair Housing Officer may_
a) request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction,
seeking the imposition of the following penalties:
1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination
being considered a separate offense: and /or
2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of the
housing accommodation(s) in question, and any other equitable relief necessary to effect the purposes of this Chapter:
and /or
3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter: and /or
4) Such other relief directed by a court of appropriate jurisdiction; and /or
b) request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief,
damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or
proceeding, the court, in its discretion may allow the party commencing such action or proceeding, if such party prevails, a
reasonable attorney's fee as part of the costs.
c) The Corporation Counsel may seek a Contempt Order from a court of appropriate
jurisdiction if necessary, to enforce a conciliation agreement or penalties imposed under this Chapter.
d) The aggrieved party may commence a civil action or proceeding for injunctive relief, damages, and other appropriate
relief in law or equity against a person who violates this Chapter. In any such action or proceeding, the court, in its
discretion, may allow for the party commencing such action or proceeding, if such party prevails, a reasonable attorney's
fee as part of the costs.
§154 -21, Annual Report
The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the
caseload, a summary of dispositions of complaints filed and /or referred to housing agencies, and recommendations
regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than
March 1 st of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights,
the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban
Development.
154 -22, Other Remedies
Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue any other remedies that may be
available under the laws of the State of New York, the United States or any other applicable jurisdiction.
154 -23, Construction
Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any
other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this
Chapter.
§ 154 -24, Severability
If any part of this Chapter shall, for any reason, be adiudged by a court of competent jurisdiction to be invalid, such
judgment shall not impair or invalidate the remainder of this Chapter.
It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the
foregoing ordinance is necessary.
APPROVED AS TO FORM
Alisa A. Lukasiewicz
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 126
By: Mr. Thompson
ORDINANCE AMENDMENT CHAPTER 154, DISCRIMINATION
(EXEMPT TRIPLES -NO RIGHT TO SUE)
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 154 of the Code of the City of Buffalo be amended to read as follows:
§ 154 -12, Fair Housing Ordinance, Legislative Intent
It is the goal of the City of Buffalo to continue efforts to revitalize and strengthen its neighborhoods. The City finds it
necessary to protect the rights of its citizens to equal access to housing, which will help prevent the decline in property
values yet ensure housing choices for all residents.
154 -13, Definitions
a) Advertising - printing, circulating placing or publishing or causing to be placed or published any written statement,
including electronic media, with respect to the availability for sale or rent of a housing accommodation or the listing of a
housing accommodation with any person, business or entity which maintains a referral list of available housing_
b) Disability - a physical, mental or medical impairment which substantially limits one or more major life activities: or a
record of having such an impairment: or a condition regarded by others as such an impairment: or an association with a
person with such an impairment.
c) Familial Status - any person who is pregnant or has a child or is the process of obtaining legal custody of an individual
who has not attained the age of eighteen years: or one or more individuals who have not attained the age of eighteen
years domiciled with a parent or another person having legal custody of such individual or the designee thereof.
d) Housing Accommodation - any building, structure or portion thereof located within the City of Buffalo which is occupied,
intended or designed for occupancy as the home, residence, or sleeping place of one or more persons sharing living
quarters.
e) Landlord - an owner, lessor, sub - lessor, owner's or lessor's assignee, or managing agent, or other person having the
fight to sell, rent or lease a housing accommodation constructed, or to be constructed, or any agent or employee thereof.
f) Marital Status - single, married, divorced, separated or widowed.
g) Military Status - a person's participation in the United States military or the military of a state
h) National Origin - ancestry.
i) Person - one or more individuals, partnerships, associations, corporations, their agents, assigns and representatives.
I) Rent - to lease, sublease, to let or to otherwise grant for a consideration the right to
a premises not owned by the occupant occupy
k) Sexual Orientation - A person's actual or perceived homosexuality, heterosexuality, or bisexuality.
1) Gender Identity and Expression shall include a person's actual or perceived gender, as well as a person's gender
identity, self- image, appearance, expression or behavior, whether or not that gender identity, self- image, appearance,
expression or behavior is different than that traditionally associated with the person's sex at birth.
m) Source of Income - payments from a lawful occupation or employment, as well as other payments including, but not
limited to, public assistance, supplemental security income, pensions, annuities, unemployment benefits, government
subsidies such as Section 8 or other housing subsidies.
§ 154 -14 - Rights of Landlords
This chapter does not prohibit a landlord from refusing to rent a housing accommodation to a person if one or more of the
following conditions are met:
a) The person's source of income is unstable, or insufficient to pay the rent or the source of said income is from an
unlawful source: or
b) The tenant has been unable to make timely rental payments in all or part of the preceding eighteen months: or
c) The person has been the source of past complaints from neighbors in all or part of the preceding eighteen months,
except where those complaints can be reasonably attributed to harassment or discriminatory intent: or
d) The person intends to occupy the housing accommodation with a larger number of persons than can be
accommodated under occupancy standards established by law: or
e) For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory
practices set forth in this Chapter, provided that such refusal is based upon legally permitted criteria and those criteria are
applied equally to all prospective tenants.
§ 1154 -15, Promotion of Fair Housing Goals
Within 120 days of the effective date of this Ordinance, all landlords owning more than 20 rental units within the City of
Buffalo, and all real estate offices within the City of Buffalo, selling more than 20 residential housing accommodations
within a calendar year, shall be required to use the equal opportunity logotype or a statement of equal opportunity housing
on applications and marketing materials, and to display in rental or real estate offices a public notice of equal opportunity
in housing.
§ 154 -16, Notification to Multiple Dwelling Owners
Every owner required to obtain a certificate of occupancy as detailed in Buffalo Code §129 -6 shall also complete a
certification prior to said certificate of occupancy may be issued that the owner is fully aware of the Fair Housing
Ordinance for the City of Buffalo, and has received a copy of said Ordinance. The Department of Permit and Inspection
Services shall ensure that such owners receive a copy of the Fair Housing Ordinance.
§ 154 -17 - Unlawful Discriminatory Practices
It shall be unlawful for any person or entity engaged in the sale or rental of housing to do the following_
a) Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any
person or persons housing accommodation because of race, creed, color, national origin, sex, disability, familial status,
marital status, age, sexual orientation, gender identity and expression, military status or source of income.
b) Discriminate against any person in the terms, conditions or privileges of sale, rental or lease of any housing
accommodation or in the furnishing of facilities or services in connection therewith because of race, creed, color, national
origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status
or source of income.
c) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form
or application for the purchase, rental or lease of a housing accommodation or to make any record or inquiry in connection
with the prospective purchase, rental or lease of a housing accommodation which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color, national origin, sex, disability, familial status, marital
status, age, sexual orientation, gender identity and expression, military status or source of income.
d) To induce or attempt to induce any person to sell or rent any housing accommodation by representations regarding the
entry or prospective entry into the neighborhood of persons of a particular race, creed, color, national origin, sex,
disability, familial status, marital status, age, sexual orientation, gender identity and expression, military status or source of
income.
e) Refusal to permit, at the expense of a person with disabilities, reasonable modifications of existing premises, if such
modifications may be necessary to afford such person full enoyment of the housing accommodation, and a refusal to
make reasonable accommodations in rules, policies, practices or services which may be necessary to afford a person with
disabilities equal opportunity to use and end the housing accommodation.
f) To incite, compel or coerce the doing of any acts forbidden by this Chapter, or to retaliate or discriminate against any
person or entity because that person or entity has filed a complaint or testified or assisted in any proceeding commenced
under this
Chapter.
g) For any bank, savings or loan association, insurance company or other entity whose business consists in whole or part
of the making of loans and arranging of financing for housing or secured by real property or the issuance of property
insurance to discriminate in the issuance or terms and conditions of a loan or insurance policy because of race, creed,
color, national origin, sex, disability, familial status, marital status, age, sexual orientation, gender identity and expression,
military status or lawful source of income.
§ 154 -18, Exemptions
The provisions of this Chapter shall apply to all housing accommodations within the Cite of Buffalo as well as land zoned
for residential uses except the following_
a) The rental of a housing accommodation on a parcel that contains housing accommodations for not more than three
households or less living independently if the owner resides in one of the dwelling units, or the rental of a housing
accommodation on a parcel that contains more than one residential dwelling in which no dwelling is for more than three
households or less living independently if the owner resides in one of the dwelling units;
b) The restriction of the rental of rooms in a housing accommodation to persons of the same sex;
c) The rental of a room or rooms in a housing accommodation designed in such a way that the occupants would be
required to share part of their living quarters with another occupant or occupants not of their own choice; and
d) Restriction of the sale, rental or lease of a housing accommodation exclusively to persons 55 gears of age or older and
their spouses with respect to age and familial status
only.
154 -19, Enforcement
a) The Mayor of the City of Buffalo shall designate a Fair Housing Officer to receive, investigate and /or refer complaints
under this Chapter to a qualified fair housing enforcement agency certified to investigate and handle fair housing
complaints.
b) Any person or organization, whether or not an aggrieved party, may file with the Fair Housing Officer a complaint
alleging violation of this Chapter within one year from the date of the occurrence. Such complaint shall be in writing, and in
such form as required by the Fair Housing Officer.
c) The Fair Housing Officer shall notify the accused party within thirty (30) days of the date of the filing of the complaint,
and request the accused party to answer the complaint in writing within twenty (20) days after the mailing of such notice.
The date of the mailing of the Fair Housing Officer's notification shall be endorsed thereon. The Fair Housing Officer shall,
thereafter, make a prompt investigation in connection with the complaint sufficient to determine whether there is probable
cause to establish discriminatory conduct.
d) If, in the judgment of the Fair Housing Officer, a conciliation agreement would satisfactorily resolve the complaint,
he /she shall include in such agreement provisions requiring the accused party to refrain from unlawful discriminatory
practices, and may
include such compensation and /or affirmative relief as is agreed upon by the parties. Conciliation agreements shall not be
subject to confidentiality agreements.
e) Within 120 days of the date of the filing of the complaint, the Fair Housing Officer shall conclude the investigation and
determine whether there is probable cause to support a finding of discriminatory conduct by the accused party under this
Chapter, and refer the matter as detailed in section 154 -20 below.
154 -20, Penalties
Upon certification by the Fair Housing Officer that there has been an affirmative finding of probable cause of
discriminatory practice, the Fair Housing Officer mad
a) request the Corporation Counsel to file an action against the accused party, in a court of competent jurisdiction,
seeking the imposition of the following penalties:
1) A fine not exceeding One Thousand Five Hundred Dollars ($1,500) for each offense, with each act of discrimination
being considered a separate offense; and /or
2) Revocation or suspension of any license of permit issued by the City of Buffalo, necessary to the operation of the
housing accommodation(s) in question, and any other equitable relief necessary to effect the purposes of this Chapter;
and /or
3) All costs, expenses and disbursements incurred by the City of Buffalo in effecting compliance with this Chapter; and /or
4) Such other relief directed by a court of appropriate jurisdiction; and /or
b) request a qualified fair housing enforcement agency to commence a civil action or proceeding for injunctive relief,
damages, and other appropriate relief in law or equity against a person who violates this Chapter. In any such action or
proceeding, the court, in its discretion may allow the party commencing such action or proceeding, if such party prevails, a
reasonable attorney's fee as part of the costs.
c) The Corporation Counsel may seek a Contempt Order from a court of appropriate jurisdiction if necessary, to enforce a
conciliation agreement or penalties imposed under this Chapter.
§ 154 -21, Annual Report
The Fair Housing Officer shall prepare an annual report detailing the work performed including a statistical analysis of the
caseload, a summary of dispositions of complaints filed and /or referred to housing agencies, and recommendations
regarding fair housing practices. This report shall be submitted to the Mayor and filed with the City Clerk no later than
March 1 of each year. Copies shall also be sent to the Commissioner of the New York State Division of Human Rights,
the Attorney General of the State of New York, and the Secretary of the United States Department of Housing and Urban
Development.
154 -22, Other Remedies
Nothing in this Chapter shall limit or abridge the right of a Complainant to pursue any other remedies that may be
available under the laws of the State of New York, the United States or any other applicable jurisdiction.
154 -23, Construction
Nothing in this Chapter shall be construed to invalidate or limit any law of the State of New York, the United States or any
other jurisdiction that grants, guarantees or protects the same rights that are granted, guaranteed or protected by this
Chapter.
§ 154 -24, Severability
If any part of this Chapter shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such
judgment shall not impair or invalidate the remainder of this Chapter.
APPROVED AS TO FORM
Alisa A. Lukasiewicz
Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No 127
By: Mr. Thompson & Mr. Davis
RENAMING THE OLD NORTH JEFFERSON BRANCH LIBRARY THE HON. BEVERLY A. GRAY EMPOWERMENT
CENTER
WHEREAS: The late Hon. Beverly A. Gray was born in Philadelphia, Pennsylvania in 1950,and her family relocated to
Buffalo, New York in 1958; and
WHEREAS: A small business owner and operator, she was elected Councilmember -At -Large for the City of Buffalo in
November 1995; and
WHEREAS She was a strong advocate for employment and training. She started the Jefferson Avenue Renaissance
Corporation, which included a security training program; and
WHEREAS: The late Hon. Beverly A. Gray was the first African - American woman in history of Buffalo politics to hold a
citywide office; and
WHEREAS Former Councilmember Gray initiated revising the Jefferson Avenue CURA plan for the city's East Side,
emphasizing economic redevelopment of commercial strips within inner city neighborhoods, in conjunction with
preservation initiatives of existing commercial strips. The once commercially vibrant Jefferson Avenue is the current focus
of her economic re- development plans. Councilmember Gray worked on the redevelopment of the Apollo
Telecommunication Center & Frank E. Merriweather, Jr. Library. She was also a former Chair of the Community
Development Committee; and
WHEREAS: In 2001, she was the first woman to run for Mayor of Buffalo; and
WHEREAS As a staunch promoter of small business, job training, and employment opportunities, it is fitting that the old
North Jefferson Branch Library be renamed and dedicated in honor of all of her accomplishments; and
WHEREAS: Such works are truly deserving of our acknowledgement and recognition.
NOW, THEREFORE BE IT RESOLVED THAT:
The Common Council of the City of Buffalo does hereby rename the North Jefferson Branch Library as the Hon. Beverly
A. Gray Empowerment Center in honor and in memory of her accomplishments; and
NOW, THEREFORE BE IT FURTHER RESOLVED THAT:
Copies of this resolution are forwarded to the Department of Public Works, the Office of Strategic Planning, and the
Mayor's Office.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, THE
CORPORATION COUNSEL, THE MAYOR AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS
AND INSPECTIONS
NO. 128
BY: COUNCILMEMBER THOMPSON
REQUEST FOR
APPROVAL OF
LAND DISPOSITION AGREEMENT AND FOR
TRANSFER OF 29 NORTHAMPTON STREET
FROM BURA TO ARTSPACE
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Artspace Affordable Family Housing Development
Fund Corp. and /or other legal entity to be formed as qualified and eligible Redeveloper in accordance with rules and
procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the
"General Municipal Law" and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo
Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1.ARTSPACE AFFORDABLE FAMILY HOUSING DEVELOPMENT FUND CORP. and /or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as
the Redeveloper of 29 NORTHAMPTON STREET.
2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby
authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land
Disposition Agreement" to ARTSPACE AFFORDABLE FAMILY HOUSING DEVELOPMENT FUND CORP. and /or other
legal entity to be formed in accordance with the terms of said Agreement and for the consideration recited therein.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 129
BY: COUNCILMEMBER THOMPSON
SET PUBLIC HEARING
APPROVAL OF CONTRACT FOR SALE OF LAND AND TRANSFER FROM BURA TO ARTSPACE AFFORDABLE
FAMILY HOUSING DEVELOPMENT CORP. - REDEVELOPER
WHEREAS, Artspace Affordable Family Housing Development Fund Corp. and /or other legal entity to be formed (herein
referred to as the "Redeveloper ") has been duly designated as qualified and eligible Redeveloper in accordance with the
rules and procedures prescribed by the City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition
Agreement for the sale of 29 Northampton Street and
WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal
Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this
Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and
WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of land in an Urban Renewal
Project may be approved only after a public heating on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the
Buffalo News, no later than the 21 st day of April, 2006.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in
the Council Chambers on the 2nd of May 2006:
ADOPTED
NO. 130
BY: MR. THOMPSON
TRAILBLAZER REQUEST FOR ELIM CHRISTIAN FELLOWSHIP
WHEREAS: The is multi - cultural /non - denominational movement, and uses the bible as a basis for teaching its members
how to understand and cope with the challenges of daily life; and
WHEREAS: ELIM uses the bible as a basis for teaching its members how to understand and cope with the challenges of
daily life; and
WHEREAS: Pastor Anthony T. Bronner established ELIM on November 7, 1999. The name ELIM conceptually means a
place of refreshing, reviving, and renewing for weary travelers; and
WHEREAS: ELIM purchased property for the construction of the new Worship and Community Center; and
WHEREAS: ELIM brings together a diverse group of people from Buffalo and the surrounding region. While Buffalo
serves as the flagship church, the vision has spread across the country and subsidiaries have been established in Iowa,
North Carolina, Ohio, and Rochester; and
WHEREAS: With over 1,400 members and 400 young members, ELIM has proven to be a fitting symbol of spiritual
refreshment and restoration in the local region as well as nation -wide; and
WHEREAS: Such works are truly deserving of our acknowledgement and recognition;
WHEREAS: In recognition of the contributions to the City of Buffalo, the members of ELIM Christian Fellowship Church
have requested that the Chalmers Avenue be named in honor of ELIM Christian Fellowship Church; and
WHEREAS: The ELIM Christian Fellowship Church has agreed to cover all installation and purchase fees for the
placement of signs on the comer of Chalmers Avenue & Fillmore Avenue and Chalmers Avenue & Holden Avenue;
NOW THEREFORE BE IT THEREFORE RESOLVED THAT:
The Common Council of the City of Buffalo does hereby recommend that
Chalmers Avenue be named in honor of ELIM Christian Fellowship Church.
Antoine M. Thompson
Masten District Council Member
REFERED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS
NO. 131
BY: ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006,
conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of
Buffalo
Barbara McAlister
Total 1
ADOPTED
NO. 132
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, April 25, 2006 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday, April 25, 2006 at 10:00 o'clock A.M.
Committee on Legislation Tuesday, April 25, 2006 at 2:00 o'clock P.M.
Committee on Comm. Dev. A.M. Wednesday, April 26, 2006 at 10:30 o'clock
Special Committees
Legislation Committee Special Meeting Monday, April 24, 2006 at 11:30 o'clock A.M. in Room 1417 City Hall on the
creation of a Bicycle /Pedestrian Advisory Board in the City of Buffalo.
Special Follow -Up Meeting for Curbing Crime in COB Friday, April 28, 2006 at 11:00 o'clock a.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 City Clerk's Office is not made aware; therefore, unless we receive notice from the
respective Chairmen, we can only make notification of what we are made aware.
NO. 133
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:45 pm
GERALD CHWALINSKI CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #4
OFFICE OF THE MAYOR -201 CITY HALL
APRIL 20, 2006
Present: Byron W. Brown, Mayor; Alisa A. Lukasiewicz, Corporation Counsel; H. McCarthy Gipson, Commissioner of
Police -3.
Absent: David A. Franczyk, Council President; Darby Fishkin, Deputy Comptroller -2.
The journal of the last meeting was approved.
NO. 1
1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2006 amounting to $5,610.00, and
request that checks be drawn to the order of the persons named herein for the amounts stated.
Adopted
Ayes -3. Noes -0.
NO. 2
1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of April 2006 amounting to
$6,565.00, and request that checks be drawn to the order of the persons named herein for the amounts stted.
Adopted.
Ayes -3. Noes -0.
NO. 3
On Motion by Ms. Lukasiewicz, the City of Buffalo Police and Fire Pension Board meeting adjourned at 11:15 a.m.