HomeMy WebLinkAbout07-10301244/200410/30/2007
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
OCTOBER 30, 2007
No. 20
MAY 4 -19-fi4 Oct 30 2007MAY
A iZo
1244/200410/30/2007
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
DEMONE A. SMITH - 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,
Demone Smith - 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
SPECIAL COMMITTEES
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E. Russell - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana, Bonnie E. Russell Members
EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members
WATERFRONT DEVELOPMENT COMMITTEE – MICHAEL P. KEARNS, CHAIRMAN, BRIAN C. DAVIS, RICHARD A. COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, OCTOBER 30, 2007
AT 2:00 p.m.
PRESENT – David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Golombek, Kearns, LoCurto, Russell
and Smith – 9
ABSENT – 0
On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on October 16, 2007 were approved.
INVOCATION - PLEDGE TO FLAG
** *FINAL * **
* *October 30, 2007 * **
2:00 PM
SAY 4-1 _ Oct 30 2007MAY
n i�000
2 14/200410/30/2007
MAYOR
1. 2008 Capital Budget Recommendations & Five Yr Plan BUDGET
2. Contract for The Provision and Installation of Video Sury Equipment & Support APP
MAYOR - EXECUTIVE
3. Pres Bd -500 Block of Main -Local Historic District Designation(Ell)
LEG,EDPI,O,�
4. Plan Bd- Negative Declaration 633 Delaware Ave
R &F
5. Plan Bd- Negative Declaration 185 Grant St(Nia)
R &F
6. Plan Bd- Negative Declaration 60 Grider St(Mas)
R &F
7. Plan Bd- Negative Declaration 240, 244, 250, 256, 296,
308,324,332,338,267, 253, 243, 237 Hickory St(Ell)
R &F
8. Plan Bd- Negative Declaration 1424 Jefferson Ave (Mas)
R &F
9. Plan Bd- Negative Declaration 275 Ship Canal Pkwy(Fill)
R &F
10. Strat Plan- Results Neg 70 Kilhoffer(Lov), 435 Ferry (Mas)
FIN
11. Strat Plan- Response to CM Davis Re: Request to Homestead Monroe St Lot(Ell)
FIN
12. Strat Plan- Response to CM LoCurto's Year 32 Block Grant Request
FIN
13. Strat Plan- Response to J. Ostrowski Re: Disposal Process for Fairfield Library, etc(Del)
R &F
14. Strat Plan- Updated Draft LWRP
CD
15. Strat Plan -Appt Assistant Director(Prov)(3 Step)(Grzebielucha)
CS
PUBLIC WORKS
16. Appolo Media Employees Agmt With Wellness Inst
APP
17. Bflo Mem And Access Agmt W /Erie Canal Harbor Dev Corp
APP
18. Filing Copies - Council & CitiStat Meetings
LEG
19. M. Kearns - Greenway Concerns, Paving & Curbing on Buffum St(South)
FIN
20. Perm to Retain Consultant Parks Construction Inspection(Citywide)
APP
21. Proposed Change in Pkg Restrictions Starin Ave(Del)
R &F
22. Report of Bids Community Tree Planting (Citywide)
APP
23. Report of Bids City Hall Masonry Restoration(Ell)
APP
24. Report of Bids Roosevelt Park Shelter House Roof Repl(Univ)
APP
25. Report of Bids 36" Water Main Rehab Project(North)
APP
26. Request Perm to Enclose & Extend Existing Sidewalk Caf6 335 Franklin St (Ell)
APP
27. Response -Metal Nosed Curb Concerns
R &F
28. Appt Supervisor of St Sanitation(Prov)(Max)(Hayden)
CS
POLICE
29. Drug Asset Forfeiture Wire Transfers
R &F
30. Perm to Accept Various Grants & Approval- Interfund Cash Loans
APP
FIRE
31. Donation of Vehicle to BFD Fire Marshal's Office
APP W /COT
32. Fire Prevention & Safety Grant
APP
PERMITS & INSPECTIONS
33. Request to Homestead Vacant Lot Monroe St (Ell)
LEG
CITY CLERK
34. Liquor License Applications
R &F
35. Leaves of Absence
R &F
36. Notices of Appointments - Council Interns
ADOPT
37. Notices of Appointments - Seasonal
R &F
38. Notices of Appointments - Temp. /Prow. /Perm.
CS
MISCELLANEOUS
39. D. Bonifacio- Request Public Content Period Re Peace Bridge Expansion Project be Extended
CD,OSP
40. T. Camuso- Repave Main St from Hertel to Goodell
PW
41- 40A D. Franczyk -C. Schumer - Concerns FEMA's Revised Flood Plain Map
CD,EDPI,OS
42- 41. J. Golombek -D. Smith -Info Re RFP 181 Ellicott St (Ell)
LEG
2 14/200410/30/2007
43- 42.
R. Graber -EC Leg Resolution in Support of Plans for a Niagara River Boardwalk
R &F
44- 43.
M. Kearns - NYSDOT -Bflo Outer Harbor Access Fuhrman Blvd Project
CD
45- 44.
M. Kearns -J. Zappieri- Proposed Southtowns Connector Project
CD
46- 44A M. Kearns -M. Dabney -FEMA Program to Update Flood Ins Maps
CD,EDPI,OS
47- 45.
J. Kowalski - NYSDOT -Rehab 7 Bridges on NY Rt 198
R &F
48- 46.
A. Randaccio -NFTA Re Service at Bus Terminal 181 Ellicott St
LEG
49- 47.
E. Reinagel- Nichols Athletic Fields Abutting Amherst St and Nottingham Ave
R &F
50- 48.
J. Rozanski -BURA RFP North Buffalo Rail Land
CD
PETITIONS
51- 49.
R. Santoro, Agent, Use 2310 Delaware Ave for An Illuminated Pole Sign (No Pub Hrg)
LEG,CC
52- 50.
Judah Christian Fellowship, Inc, Use 1105 Broadway for a HSF (Fill) (No Pub Hrg)
LEG,CC
RESOLUTIONS
124 -51.
Davis Adam's Mark Hotel Sale /Request for Release and Consent/ Assignment of Pkg
Garage Rights /Obl
APP
125 -52.
Franczyk Appointment Bd of Assessment (Robinson)
ADOPT
126 -53.
Franczyk, etc Oppose FEMA Plan Including Old 1S Ward in Floodplain_ADOPT 1,2,3,4,6 REM TO LEG
127 -54.
Russell, etc A Third Party Notification Requirement ADOPT 1 ST RES REM TO FIN
128 -55.
Russell Budget & Personnel Amendment -EDPI- Housing Inspection(Boiler & Bldg Insp_APP
129 -55A Russell Budget & Personnel Amendment - Legislative CM# 9
APP
130 -55B Russell Budget & Personnel Amendment -EDPI- Housing & Inspection(Chief Bldg Insp)_APP
131 -56.
Smith Comm of Deeds
ADOPT
132 -57.
Smith Comm of Deeds Public Performance
ADOPT
294/20W10/30 /2007
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
CIVIL SERVICE
53- 1. Com 27 Oct 16 Appts Equipment Operator, Temp, (Max)(Hussar)(Tamsen)(PW) APP
54- 2. Com 28 Oct 16 Appt Truck Driver Perim (Max)(Wagner)(PW) APP
55- 3. Com 29
Oct 16
J
Appt Truck Driver, Penn,(Inter)(Sanders)(PW)
RECOMMIT
56- 4. No 42
Oct 16
Notices of Appointments- Temp /Prow /Perm(Cty Clk)
R &F
FINANCE
R &F
76- 24.
Com 13
57- 5. Com 7
Oct 16
Travel Expense Guidelines(Compt)
R &F
58- 6. Com 34
Oct 16
Proposed Transfer of Ownership Adam's Mark Hotel(EDPI)
R &F
59- 7. No 45
Oct 16
B. Davis -C. Brown - Oppose Sale /Reuse of 390 Hudson St to
Convert to One Way Traffic- Wilkes Avenue (Lov)(PW)
R &F
79- 27.
Friends of Night People (Ell)
R &F
60- 8. Res 114
Oct 16
The CRUCIAL Solution(Exec Is' Res)
R &F
61- 9. Com 25
Sept 18
B. Davis -J. Steward - Demolition 23 Eurka (EDPI)
CLAIMS
62- 10. No 81
Sept 4
B. Davis -J. Steward Demolition 23 Eureka (Ell)
CLAIMS
63- 11. Res 96
Jan 23
Invest. Whether the COB Should be Credited by NYSEG as Result
Food Store License - 117 -119 Colvin
of Agreement
R &F
COMMUNITY DEVELOPMENT
RECOMMIT
64- 12.No 37 Sept 18
65- 13.No 116 Sept 4
66- 14.No 93 Sept 4
67- 15.Res 146 Sept 4
68- 16.No 57 May 1
69- 17.No 56 May 1
70- 18.No 84 July 24
LEGISLATION
B. Davis - Request for Greater Refuge Temple Lot Acquisiton FIN
B. Davis -Req to Homestead a Vacant Lot - Monroe St
( 459,6/12)( 479,7/10) FIN
M. Kearns -Info Smart Growth Communities R &F
Converting Tower Shoreline Beach into
Public Beach Front(Exc I st 2" d & 3 APP
J. Golombek -Local Waterfront Revital. Program WFRONT
R. Fontana -T. Johnson -Tn. of Cheektowaga -Cost of Flood Haz. Ins. R &F
P. Aikin -Req to Purchase 103 Burgard Place_ R &F
71- 19.No 60 Oct 16 T. Klentos, Use 520 Elmwood, AKA 512 Elmwood, 510 -516 Elmwood
For A Canopy Over the ROW(Nia)(No Pub Hrg) APP
72- 20. No 61 Oct 16 E. Nowak, Agent, Use 118 Schiller AKA 127 -135 Ogden, North for
A HSF Food Pantry (Lov)(No Pub Hrg) R &F
73- 21. Com 8 Oct 16 Bd. Of Assessment Review App, Perm. (Hetzner)(Asmt) APP
74- 22. Com 9 Oct 16 Bd. Of Assessment Review App, Temp (Cowart)(Glover)(Asmt) APP GLOVER
COWART RECOMMIT
75- 23.
Com 10
Oct 16
Bd of Assessment Review Appointment, Additional Temp.
Members(Asmt)
R &F
76- 24.
Com 13
Oct 16
Booth Alley- Blockage of City ROW (Ell)(PW)
R &F
77- 25.
Com 14
Oct 16
Cable TV Franchise Status(PW)
R &F
78- 26.
Com 24
Oct 16
Convert to One Way Traffic- Wilkes Avenue (Lov)(PW)
R &F
79- 27.
Com 25
Oct 16
Remove Alternate Parking Delham St (Del)(PW)
R &F
80- 28.
Com 32
Oct 16
Food Store License -1069 Ferry East (Fill)(EDPI)
APP
81- 29.
No 90
Oct 16
Food Store License -1440 Kensington (Univ)(EDPI)( 441,10 /2)
RECOMMIT
82- 30.
No 92
Oct 16
Food Store License - 117 -119 Colvin
(Del)(EDPI)( 453,9/4)( 488,9/18)(89,10 /12)
RECOMMIT
83- 31.
No 109
Oct 16
Food Store License -1981 Fillmore(Masten)(EDPI)(37,5 /15)(95,5/29)
(97,6/12)(100,6 /26)
APP
84- 32.
Com 35
Oct 16
Sidewalk Caf6 License 79 Chippewa West (Ell)(EDPI)
APP
85- 33.
Res 113
Oct 16
Trailblazing Signage- Maggie Y. Boy Way Way
RECOMMIT
86 -34.
No 94
Oct 16
Rest Dance Class III -45 Chippewa West
(Ell)(EDPI)( #26,4/1)( #92,10/2)
RECOMMIT
87- 35.
No 95
Oct 16
Used Car Dealer -411 Walden(Fill)(EDPI)( 447,10 /2)
APP
2 14/200410/30/2007
88 -36. No
77
Oct 2 M. LoCurto -T. Burgwardt & O- Request to Remove Alternative
Customers
R &F
101 -49.
Street Parking on De1Ham St
R &F
89- 37. No
59
Oct 2D. Franczyk -JT Blake -Req Naming Portion of St That Extends From
42
Feb 6
Property Not Bid on at Foreclosure Auction (CCP4 125, 511)
Best & Herman- Maggie Y. Boyd Way
R &F
90- 38. No
62
Oct 2B. Davi -R. Stanton- Blockage of Booth Alley
R &F
91- 39. No
71
Oct 2R. Rudnick- Buffalo Partnership Request Repeal
Foreclosure Auction (Assess. /Tax)
R &F
103 -51.
Apprenticeship Ordinance
R &F
92- 40. Com
28
Sept 18 Req All Cert. License, Permit & Registrations to Clear a
on At Foreclosure Auction
Collections Check (EDPI
R &F
93- 41. No
103
Sept 18 Utilizing Bflo Special Police to Assist With Quality of Life
105 -53.
No 43
July 10
Issues (Exec Is' Res)
R &F
94- 42. No
103
Sept 4 R. Fontana -K. Skinner & O, Request to Convert Wilkes Ave.
Apprentice Program Legislation
R &F
106 -54.
to a One -Way St. Proceeding North to South
R &F
95- 43. No
54
Sept 4 Food Store License 1318 Fillmore (Mas)(EDPI)
APP
96- 44. No
58
Sept 4 Second Hand Dealer 175 Ohio St (Fillmore)(EDPI)
APP
97- 45. No
77
Sept 4 D.Bonifacio- Change in Street Direction Potomac Ave Between
R &F
108 -56.
Res 157
Richmond & Baynes Aves
R &F
98- 46. No
91
Sept 4 M. Kearns -T. McCarthy -Hood Industries Encroachment Providence
Mar 6
St._R &F
RECOMMIT
110 -58.
Res 159
99- 47. No
75
Oct 2 P. Zlotkowski- Limousine Drop Off and Parking at HSBC Arena
R &F
100 -48. No 98 Sept 4 P. Zlotkowski- Limousine Operators of WNY Req Where to Drop off
118 -66. No
85
Nov 14
Customers
R &F
101 -49.
No 89
July 24
R. Fontana -Est Policy for City to Take Title to Any
&F
120 -68. No
42
Feb 6
Property Not Bid on at Foreclosure Auction (CCP4 125, 511)
R &F
102 -50.
Com 26
June 12
Est. a Policy for City to Take Title to Any Property Not Bid on at
Foreclosure Auction (Assess. /Tax)
R &F
103 -51.
Res 125
May 1
Est. A Policy for the City to take Title to Any Property Not Bid
on At Foreclosure Auction
R &F
104 -52.
No 95
July 24
D. Smith -G. Hopkins Taxicab Ordinances and The Structure of Taxicabs R &F
105 -53.
No 43
July 10
D. Bonifacio, R. Fontana -J. Marshall- Oppose City
Apprentice Program Legislation
R &F
106 -54.
No 44
July 10
D. Bonifacio, R. Fontana -D. Roetzer- Oppose
City Apprentice Program Legislation
R &F
107 -55.
Com 31
June 26
New Federal Courthouse District Heating Proposal(PW)
R &F
108 -56.
Res 157
Mar 6
Ord. Amend.- Chapter 137 -Code Enforement
RECOMMIT
109 -57.
Res 158
Mar 6
Ord. Amend.- Chapter 175 Fees
RECOMMIT
110 -58.
Res 159
Mar 6
Ord. Amend.- Chapter 265- Property Managers
RECOMMIT
111 -59.
Com 16
May 15
Battaglia Trucking Inc.- Transfer Station Appl.- 1037 -1055 Seneca St.
(PW)_R &F
112 -60.
Com 56
May 15
R. Fontana -Bison Scaffold & Mason's Supply Co.- Complaint-
Bflo. Transfer Station
R &F
113 -61.
Res 98
May 15
Implement Tighter Restrictions on Second Hand
Dealers (Exc. Is' Res.)
R &F
114 -62.
Res 130
Apr 17
Bringing City Govt. Closer to Our Neighborhoods by Est.
Neighborhood Quality of Life Centers
BUDGET
115 -63.
Res 119
May 2
Implementation of Smartcode in COB (Exc. Fin. Res.)
R &F
116 -64.
Com 38
May I
Sidewalk Cafe License -45 West Chippewa (Ell) (EDPI)
R &F
WATERFRONT DEVELOPMENT COMMITTEE
117 -65.
No 113
Sept 4
M. Kearns - Waterfront Dev In Relation to Marine Drive Apts
R &F
118 -66. No
85
Nov 14
Support for Waterfront Village Adv. Council ( 4 150.5 /17)(Exc. Is' Res)
R &F
119 -67. No
39
Dec 26
M.Kearns- Articles re "Scrap the Skyway " & "Smartcode Whitepaper" (FBC)_R
&F
120 -68. No
42
Feb 6
M. LoCurto- Casino Ruling Could Eliminate Perks
R &F
4'2/ 14/2004 10/30/2007
121 -69. No 93 May 15 L. Meckler- Transferring Outer Harbor Land to COB /Est.
Amphitheatre
On Outer Harbor ( 461, 511) R &F
122 -70. No 97 May 29 Transferring Outer Harbor Land to the COB (EDPI)( 443, 5115) R &F
123 -71. No 114 June 26 M. Kearns -Trip to Milwaukee, WI & Chicago IL( 463,6/12) R &F
y: T•] L V i I r I a=1111 L V i r i v c• 7 N
NO. 1
2008 CAPITAL BUDGET RECOMMENDATIONS & FIVE YEAR PLAN
I hereby submit my recommendation for a City of Buffalo 2008 Capital Improvement Program and Five Year Plan. Based
upon the in the amount of $22 million for City projects and an
additional $10,065,000 for Buffalo Public Schools projects.
In recommending individual expenditures, my recommendations
of the Comptrollers Office, the 2008 recommended
Capital Budget consists of funding administration has thoroughly
reviewed the recommendations of the Citizens Planning
Council (CPC). The capital projects in my recommended bond sale are as follows:
bps08001 - Reconstruction Various Schools $
1,444,500
bps08OO2 - New Boilers
1,551,500
bps08OO4 - Technology
4,100,000
bps07OO2 - ADA Improvements
(Authorized Unissued in 2007 )
1,926,000
Buffalo Public Schools Total Requests
9,022,000
Buffalo Public Schools Capital Bond Limit
10,065,000
BFD07001 - Purchase Fire Apparatus
2,889,000
INSP08001 - Demolition of Buildings /Structures
2,000,000
BLDG06003 - Bailey Kensington Fire Station
4,815,000
BLDG08094 - Marcy Casino Reconstruction
440,000
BLDG08007 - District Heat Distribution System
Replacement
214,000
ENGR04002 - Bailey Avenue Bridge Reconstruction
144,076
ENGR06001 - Citywide Infrastructure Repair /Replacement
4,226,924
ENGR06006 - Signals
535,000
ENGR07008 - Citywide Arterial Pavement
Milling and Resurfacing
588,500
ENGR07012 - Emergency Bridge Repairs
535,000
ENGR08002 - Humboldt Parkway Streetscape
750,000
ENGR08004- Bridge EIS
267,500
ENGR08005 - Citywide Environmental Remediation
1,605,000
PRKS06002 - Citywide Parks Improvements
1,070,000
STRT08002 - Streets Vehicles
850,000
OSP08002- Planning Neighborhood Infrastructure
1,070,000
City of Buffalo Total Requests
$ 22,000,000
City of Buffalo Capital Bond Limit $ 22,000,000
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
NO2
CONTRACT FOR THE PROVISION AND INSTALLATION OF
VIDEO SURVEILLANCE EQUIPMENT AND SUPPORT
I am pleased to inform this Honorable Body of an Item requesting the approval of a contract with Johnson Controls, Inc.
for the purchase and installation of 60 surveillance cameras and technical support equipment to expand the Buffalo Police
Department Wireless Security Camera Network. The purchase has been made possible through the use of NYS Aid
Incentive to Municipalities (Efficiency Grant) funding. The application for and the allocation of the efficiency funds
appropriated for this project have been approved by your Honorable Body for this important public purpose.
The sixty (60) camera neighborhood crime prevention system contemplated by the contract will be an integral part of the
Buffalo Police Department's Wireless Security Camera Network. The equipment will provide the Buffalo Police
Department and first responders with access to real -time video in emergency situations and evidence in criminal
proceedings.
The equipment includes: sixty (60) surveillance cameras and supporting software ($2,534,895.00); analytics for sixty (60)
surveillance cameras ($180,000.00); video surveillance monitors, furniture, workstations and software for a video
surveillance room ($212,520.00); and an outdoor events video monitoring trailer ($37,500). The contract also includes a
$41,300.00 Performance Bond, bringing the total project cost to $3,006,215.00.
The initial system will rely on the City's 4.9 GHz radio frequency to accomplish the data transport aspects of the project to
insure expeditious installation and utilization of the system, but the hardware installed will be readily adaptable to the
2 14/200410/30/2007
Buffalo Wireless Broadband Network (for which another RFP has been issued), which will provide citywide wireless
interact coverage and act as a data transport mechanism for remote data collections into centralized systems such as the
BPD Wireless Security Camera Network.
Johnson Controls, Inc. was the lowest responsible bidder to respond to a Request for Proposals issued by my office, the
Buffalo Police Department and the Department of Management and Information Systems on June 15, 2007. Approval of
the contract will allow the City to expeditiously utilize the video surveillance equipment and result in an immediate
improvement in the safety and security of the City's streets and public places.
I appreciate your support for a contract that will surely combat crime and improve the quality of life for the citizens of
Buffalo.
Mr. Bonifacio moved:
That the above communication from the Mayor dated October 25, 2007, be received and filed; and
That the Mayor be, and he hereby is authorized to enter into a contract with Johnson Controls, Inc. for the purchase and
installation of 60 (sixty) surveillance cameras and technical support equipment to expand the Buffalo Police Department
Wireless Security Camera Network.
COPY ON FILE IN THE CITY CLERKS OFFICE FOR REVIEW
PASSED
AYES - 9 NOES -0
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO3
"500 BLOCK OF MAIN"
LOCAL HISTORIC DISTRICT DESIGNATION
COPY ON FILE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION, ECONOMIC DEVELOPMENT PERMITS & INSPECTIONS
AND THE OFFICE STRATEGIC PLANNING
FROM THE CITY PLANNING BOARD
NO. 4
NEGATIVE DECLARATION
633 DELAWARE AVE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental
Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law.
City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Type of Action: Bank of America
Location: 633 Delaware Ave
Type of Action: Unlisted- Uncoordinated
Description: Bank of America is proposing renovations to bank on the property located at 633 Delaware Avenue, Buffalo
New York. The proposed project is the replacement and remediation of the existing exterior windows and glazing. The
intent of the project is to enhance the overall appearance and energy efficiency of the existing building. No other exterior
improvements are part of this propose scope of work. The project will be funded privately and cost approximately
$490.000.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a
significant adverse impact on the quality of the environment. No further environmental review of this action will be
conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will provide the
bank with energy efficient windows reducing their costs as well as help conserve energy helping the environment. The
identified potential negative impacts appear to be primarily short -term site preparation and construction related activities,
and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse
impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls
Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085.
RECEIVED AND FILED
NO. 5
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
185 GRANT STREET
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental
Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law.
Lead Agency:
City of Buffalo Planning Board
2 14/200410/30/2007
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title: Lorigo's Meating Place Inc.
Location: 185 Grant Street
Type of Action: Coordinated
Description: Lorigo's Meating Place Inc. is proposing to construct an addition to the rear property located at 185 Grant
Street, Buffalo New York. The addition will be used to house a freezer facility for frozen food storage. The addition will be
approximately 3,200 Square Feet and will consist of two loading docks facing Auburn Avenue with a new driveway and
landscaping. The project will be funded privately and cost approximately $300,000.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a
significant adverse impact on the quality of the environment. No further environmental review of this action will be
conducted prior to project implementation and a Draft Environmental impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will allow for
the construction of new freezer that will allow Lorigo's Meating Place Inc. remain a strong and viable business in the
Grant -Ferry Business area. The identified potential negative impacts appear to be primarily short -term site preparation
and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which
will have a significant adverse impact on the environment,
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls
Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085.
RECEIVED AND FILED
NO. 6
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
60 GRIDER STREET
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental
Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law.
City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title: Centerstone Development LLC Records Storage
Location: 60 Grider Street
Type of Action: Unlisted- Uncoordinated
Description: Centerstone Development is proposing renovations to an existing building on the property located at 60
Grider Street, Buffalo New York. The proposed project is the renovation of the existing un- occupied portion of an industrial
building for use as a Record Storage Facility (Medical Records). The building will contain 2000 square feet of office space,
75,000 square feet of medical record storage space and a truck delivery bay. Other improvements will include the
restoration of a parking area on the North side of the building, two entry canopies and new landscaping. The project will
be funded privately and cost approximately $425,000.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have
a significant adverse impact on the quality of the environment. No further environmental review of this action will be
conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will convert a
currently empty industrial facility into a facility that will provide new employment opportunities to city residents as well as
add new landscaping and building improvements to a building that has been empty for many years. The identified
potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do not
appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the
environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls
Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 716 851 -5085.
RECEIVED AND FILED
NO. 7
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental
Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law.
City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment.
Action Title: New Opportunities CHDO
Location: 240 Hickory, 244 Hickory, 250 Hickory, 256 Hickory, 296Hickory,
308 Hickory, 324 Hickory, 332 Hickory, 338Hickory,
2 14/200410/30/2007
267 Hickory, 253 Hickory, 243 Hickory, 237Hickory Street
Description: New Opportunities CHDO is proposing the construction of thirteen new homes on the vacant lots listed above
on Hickory Street Buffalo New York, The project will include the construction of new single - family homes which would be
sold to low and moderate income households on Hickory Street between Broadway Avenue and William Street, There will
be no relocation involved with this project and all construction is being conducted on vacant land. All sites will adhere to
the Buffalo Urban Renewal Agency Soil remediation. Technical Specification Plan and be environmentally clean for
construction. The project may also include future upgrades to public utillties, new curbs, sidewalks, lighting improvements,
parking improvements as well as encourage current residents to upgrade existing properties in this area. The new homes
may attract new residents to the City of Buffalo enhancing our tax base and help to create new businesses in this area.
Construction is scheduled to begin in October 2007 and completed by April 2008, The project will be funded with
H.O.M.E. Funds and Proceed funds for a total cost approximately $4,700,000.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a
significant adverse impact on the quality of the environment No further environmental review of this action will be
conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The project will help to
substantially improve an existing residential neighborhood by making it more visually attractive, and economically viable;
eliminate blighting influences and environmental deficiencies; prevent the establishment of incompatible land uses in the
project area; insure the orderly development of residential sites, encourage existing residents and any near by businesses
to remain in the area as well as create new construction jobs for Buffalo residents. The identified potential negative
impacts appear to be primarily short -term site preparation and construction related activities, and do not appear to be
significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls
Coordinator, Room 901 City Hall, Buffalo, New York'i4202 - 716 851 -5085.
RECEIVED AND FILED
NO. 8
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
1424 JEFFERSON AVENUE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental
Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation Law.
City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the previsions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title: Bethel Daycare Center
Location: 1424 Jefferson Avenue
Type of Action: Unlisted - Uncoordinated
Description: Bethel Community Development Corporation is proposing to construct a 9,375 square foot Daycare Center
located at 1424 Jefferson Avenue Buffalo New York. The project consists of a single story, multipurpose facility that will
accommodate four Head Start classrooms and infant care classrooms. Indoor motor skills area, modem kitchen, office
space will also be present within the structure. As stated in a letter dated October 3, 2007, Pan American Environmental,
Inc: has overseen the remediation of petroleum impacted soil on a portion of the subject property associated with a former
gasoline service station that was located on the property. This entailed the removal of all the impacted soil, some debris
and an underground storage tank. All materials were disposed of in an off -site approved landfill in accordance with the
New York Sate Department of Environmental conservation guidelines. Samples collected after soil removal along the
sidewalls and bottom of the excavation indicated that the impacted soil above guideline levers was removed. The New
York State Department of Environmental Conservation project manager assigned to the property visually inspected the
work as It proceeded. The majority of the soil from the former service station was removed down to about 10 -12 feet, The
total cost of this project will be approximately $1,200.000.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a
significant adverse impact on the quality of the environment. No further environmental review of this action will be
conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the construction of this
daycare center will provide much needed Head Start education services to the children living in this community. The
identified potential negative impacts appear to be primarily short -term site preparation and construction related activities,
and do not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse
impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin
Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo, New York
RECEIVED AND FILED
NO. 9
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
275 SHIP CANAL PARKWAY
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental
Quality Review Act (SEAR), Article 8 of the New York State Environmental Conservation
City of Buffalo Planning Board
2 14/200410/30/2007
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following
action as it relates to the environment:
Action Title: Sonwil Distribution Center
Location: 275 Ship Canal Parkway
Type of Action: Unlisted- Uncoordinated
Description: Sonwil Inc. is proposing the construction of two 308,450 square foot facilities to act as distribution centers for
their business on the property located at 275 Ship Canal Parkway, Buffalo New York. The project will include the Phase III
Subdivision for Buffalo Lakeside Commerce Park, Ship Canal Parkway submitted by TVGA consultants on behalf of the
Buffalo Urban Development Corporation pursuant to Section 421 -13 of the City Codes. Qualified approval of the
Subdivision has been received from the City of Buffalo Public Works, Parks and Streets Department. The proposed
project will follow the guidelines set out in the Urban Renewal Plan in the Union Ship Canal Redevelopment Area. The
project will be funded privately and cost approximately $10 -12 million dollars per building. Each building is expected to
have forty employees each. The buildings will be constructed with pre -cast concrete panels.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a
significant adverse impact on the quality of the environment, No further environmental review of this action will be
conducted prior to project implementation and a Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the project will assist with
the continued development of the Union Ship Canal area and should lead to future development in the near future. The
project will also include the hiring of new employees as the project develops. The identified potential negative impacts
appear to be primarily short -term site preparation and construction related activities, and do not appear to be significant in
magnitude or effect. There are no actions, which will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls
Coordinator, Room 901 City Hall, Buffalo, New York 14202 - 715 851 -5085.
RECEIVED AND FILED
NO. 10
RESULTS OF NEGOTIATIONS
70 KILHOFFER, 435' S FERRY
LOT SIZE: 30'X 108% LAND $2,600
TOTAL $ 9,600 (LOVEJOY DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 70 Kilhoffer Street from Ms.
Ernestine Foster, 412 Emslie Street, Buffalo, New York 14206. Ms. Foster intends to make repairs in the amount of Four
Thousand Five Hundred Dollars ($4,500), in order to bring 70 Kilhoffer Street into code compliance and use as an income
property.
The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and
rehabilitate 70 Kilhoffer Street. The subject property consists of 1,591 square feet, one and one half story frame, two
family home, m poor condition, acquired by the City through tax foreclosure in 2006 and is situated on a lot 30'x 108'.
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 properties in the subject area. Sales range from One
Dollar and Fifty -Eight Cents ($1.58) to Five Dollars ($5.00), per square foot living area.
The results of our negotiations are that Ms. Foster has agreed and is prepared to pay Three Thousand Dollars ($3,000),
Two Dollars ($2.00) per square foot living area. Ms. Foster has also agreed to pay for the cost of the transfer tax and
recording fees.
I am recommending that Your Honorable Body approve the sale of 70 Kilhoffer Street to Ms. Ernestine Foster in the
amount of Three Thousand Dollars ($3,000). 1 am further recommending that the Office of Strategic Planning prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 11
RESPONSE TO COUNCILMEMBER BRIAN DAVIS
REQUEST TO HOMESTEAD MONROE STREET LOT
( #59 #79 #116 9/4/07)
Please accept the attached document as a response to Councilmember Brian Davis' request to Homestead 545 Monroe
Street. The attached document was previously filed in June of 2007.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE
NO. 12
RESPONSE TO COUNCILMEMBER MICHAEL LOCURTO'S
YEAR 32 BLOCK GRANT REQUEST
I recently received a letter which I am responding to regarding your suggestion that I have not responded to your request.
Attached is the initial response to your request with a copy of the letter that informed all Councilmembers that I would be
closing out older accounts starting with Year 32 and older.
Your failure to respond appropriately to the June 8, 2007 memo informing you of my decision and next steps has resulted
in a recapture of the funds. I have included a new memo which I recommend you take action on if you still desire to move
forward with the project.
2 14/200410/30/2007
My management of the Office of Strategic Planning has resulted in the office receiving a clean bill of health from the U >S>
Department of Housing and Urban Development which was not the case when I began my tenure.
I have not and will not make exceptions to our policy of using the funding we receive from HUD appropriately and timely. I
also encourage you to identify projects for the remainder of your Year 33 funds, in a timely basis, using the appropriate
process. To eliminate any further confusion I am filing this document and attachments with the Common Council as an
informational item.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE
NO. 13
RESPONSE THE DISPOSAL PROCESS FOR THE SALE OF THE
FAIRFIELD LIBRARY AND OTHER PROPERTIES OWNED BY THE CITY OF BUFFALO
Thank you for your letter concerning the disposal process for the sale of the Fairfield Library and other properties owned
by the City of Buffalo. The City does have the legal authority to use a Request for Proposal process as a tool to sell
property that it owns.
Mr. John Hannon, Director of Real Estate, has met with you several times this year and you were kept fully informed of
the process. You and your group were also invited to respond to the RFP. Since you chose not to respond to the RFP I
cannot respond to your request at this time.
I appreciate your interest in the property and wish you the best of luck in your future endeavors.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO. 14
UPDATED DRAFT LWRP
The Common Council on July 26, 2005, issued it's finding of non - significance as SEQRA Lead Agency for the draft LWRP
document and at the same meeting accepted the draft LWRP document.
Subsequently and prior to submission of the draft LWRP document to the NY State, Department of State (DOS) for their
60 day mandatory review period, the Erie Canal Harbor Development Corporation ( ECHDC) asked that the City of Buffalo
delay its submission to DOS so they may review the document. ECHDC completed their review and recommended
several changes, all minor in nature, to the document text and some proposed zoning map characterizations. The Office
of Strategic Planning agreed with the document changes and had the ordered an update to the draft LWRP document for
re- acceptance by the Common Council and imminent submission to DOS.
Attached to this communication is the complete updated draft LWRP document, with additional highlighted section
deletions and additions, which indicate the changes to the previous accepted document.
The Office of Strategic Planning asks that the Common Council review the attached submission, accept it and authorize
its delivery to DOS for their 60 day mandatory review.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 16
CERTIFICATE OF APPOINTMENT
Appointment Effective October 15, 2007 in the Department of Strategic Planning Division of Real Estate to the Position of
Real Estate Specialist, Provisional, Promotion, at the Third Step starting salary of $46,134
Pamela Grzebielucha, 131 Seward Street, Buffalo 14206
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 16
APOLLO MEDIA EMPLOYEES - AGREEMENT WITH WELLNESS INSTITUTE
Your Honorable Body is requested to extend the current agreement with the Wellness Institute of Greater Buffalo &
Western New York and this Department for the administration of the Apollo Media Center to December 31,2007.
The incorporation documents for the Apollo Media Foundation, Inc. have been forwarded to the New York State
Department of State. We had anticipated that we would have received formal approval by this time, but are still awaiting
said approval. We have been told informally that our paperwork is in order, and that it is just a matter of time before the
approval comes through and we are able to proceed with the foundation.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated September 27,
2007 be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to extend the current
agreement with the Wellness Institute of Greater Buffalo & Western New York and the Department of Public Works for the
administration of the Apollo Media Center until December 31, 2007.
PASSED
AYES - 9 NOES -0
NO. 17
BUFFALO MEMORIAL AUDITORIUM ACCESS AGREEMENT WITH ERIE CANAL
HARBOR DEVELOPMENT CORPORATION
The Erie Canal Harbor Development Corporation requests permission to enter the Buffalo Memorial Auditorium for the
purposes of removing hazardous waste and asbestos from the building.
2 14/200410/30/2007
The Erie Canal Harbor Development Corporation has let bids for hazardous material removal to be performed at the
Corporation's expense. Plans for asbestos removal are under development, and that removal shall be at the expense of
the Erie Canal Development Corporation as well.
The Department of Law has developed an access agreement between the City of Buffalo, the Erie Canal Development
Corporation and the Corporation's hazardous waste contractor to permit hazardous material removal. It is anticipated that
a subsequent agreement for asbestos removal will be necessary.
Therefore it is requested that your Honorable Body authorize the City of Buffalo to enter into, and the Mayor to execute,
access agreements with the Erie Canal Harbor Development Corporation for the removal of hazardous materials and for
the removal of
Asbestos.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 24,
2007 be received and filed; and
That the Mayor be, and he hereby is authorized to enter into an Access License Agreement Permitting Entry on
Property with the Erie Canal Harbor Development Corporation for the removal of hazardous materials and asbestos from
the Buffalo Memorial Auditorium.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
PASSED
AYES - 9 NOES — 0
NO. 18
FILING COPIES — COUNCIL & CITISTAT
( #104,9/18/07)
1. File Copies of Common Council regular and committee meetings, and CitiStat meetings, with the City Clerk.
Telecommunications had been requested to provide copies of the Council meeting to the Clerk's Office in the past, though
we provided DVDs, not videotapes. However, the Clerk's Office staff did not believe it was necessary for them to maintain
a library, though they said that they would request a copy from us if it were necessary to utilize in the preparation of a
transcript.
As you know, Council meetings are currently televised on a regular basis Monday through Friday, on The Government
Channel. Regular meetings air Monday, Wednesday and Friday at 6:00 PM, and Committee meetings run Tuesday and
Thursday at 6:00 PM. They are also run at various times over the weekends when there are available time slots.
About a month ago we talked to MIS about streaming Council shows on the City's website. The Office has ordered a DVD
recorder for the Council Chambers system so that a copy can be provided to MIS directly after each meeting.
The simplest way to obtain copies would be to tape them off The Government Channel. Generally, we charge a fee of $25
for copies of Government Channel shows. This price is based upon the cost of the media and the labor costs associated
with making the copy. However, the preference is always to have people record the show off the channel, to save the
person the cost and relieve our staff of the additional work to make the copy. You may be able to copy the shows that are
being streamed, but that might be a little more difficult.
On a yearly basis we produce about 26 regular Council meetings, about the same number of committee meetings (each
week on one tape), and about a dozen special meetings and hearings. We also produce 10 to 12 CitiStat meetings every
month.
2. File Channel 22 Schedule on a weekly basis.
At this point, we do not publish detailed weekly schedules. This is due to our limited staffing and the programming issues
related to the limitations of the tape -based system. Also, unlike most government access channels we try to add new
programming as soon as it is ready, rather than run a static weekly schedule. We do have a "boilerplate" schedule for
Channels 21 and 22 with set times for regular programs.
Over the next few months we should be able to enhance our scheduling of The Government Channel. First of all, we are
in the process of working with MIS to have our own website so that people can access our site quickly and easily. We will
also have the ability to update the site ourselves. Secondly, we are hoping to convert to a server -based playback system
which will give us more flexibility and efficiency than the current tape -based system.
3. File rules and regulations for the PEG channels.
The resolution stated that policies regarding the Government Channel could not be found on the City's website. In fact,
they are and have been attached. Channel 21 and Channel 22 are programmed by the Office of Telecommunications.
It is important to note that Government and Education access channels differ from public access channels in some
important ways. Unlike public access channels, government channels are granted editorial rights to choose the manner,
format, and type of information to be disseminated to the public. Government channels selectively offer city -based
information to the community. The basic idea is to attract viewers to learn more about their local government and to
encourage greater citizen participation.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 19
M. KEAMS - GREENWAY CONCERNS, PAVING & CURBING ON BUFFUM STREET
In response to the above subject please be advised that the Construction Section submits the following recommendation
to replace curb on Buffum Street from Seneca Street to Fields Avenue:
1,667 lin.ft, x 2 sides = 3,334 lin.fi, x $60 /lin.fi. _ $200,040 Total Cost Estimate
Curb will be installed when the South District Councilmember identifies funds for this project. In addition, we have
removed Buffum Street from the tentative paving list for the 2006 construction season until the above issue is resolved.
REFERRED TO THE COMMITTEE ON FINANCE
NO.20
2 14/200410/30/2007
PARKS CONSTRUCTION INSPECTION(CITYWIDE)
Permission is requested from your Honorable Body to hire a consultant for construction management and inspection
services related to citywide parks capital improvement projects.
Costs for this work are not expected to exceed $18,000.00 and funds are available in Bond Account 39400106 - 445100.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 24, 2007
be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant for
construction management and inspection services related to citywide parks capital improvement projects. Funds for this
project are available in Bond Account 39400106 - 445100.
PASSED
AYES - 9 NOES -0
NO. 21
STARIN AVENUE PROPOSED CHANGE IN
PARKING RESTRICTIONS (DELAWARE DISTRICT)
(ITEM NO. 58, C.C.P. 02/20/07)
This department is in receipt of a request to change parking restrictions on Starin Avenue to allow parking at all times on
both sides of the street which would leave one lane in each direction for vehicular traffic. The petition refers to streets
such at Hertel Avenue as examples of successful conversions to one lane in each direction streets. However, Hertel
Avenue is 55 feet in width, which allows for a turning lane in the center whereas Starin Avenue is 40 feet in width in most
areas, which would not allow for said turning lane. Furthermore, Starin Avenue is a direct route to downtown for people
living in the Kenmore / Starin area and beyond. An average of 13,200 vehicles per day travel on Starin between Kenmore
and Parkside Avenues. Therefore, due to the narrow pavement width and high vehicular volume it is the opinion of this
department that parking should remain restricted during peak hours to allow two lanes of traffic in each direction.
RECEIVED AND FILED
NO. 22
REPORT OF BIDS
COMMUNITY TREE PLANTING
CITYWIDE
Division of Purchase advertised on August 29, 2007 and received the following bids for the Community Tree Planting
contract, which were publicly opened & read on September 6, 2007.
General Contractor Base Bid
Schichters Nursery, Inc. $35,996.00
6745 Chestnut Ridge Road
Orchard Park, NY 14127
1 hereby certify the foregoing is a true and correct statement of the bids received and that Schichtel's Nursery of Orchard
Park, NY is the lowest responsible bidder in accordance with the plans and specifications.
I 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 $35,996.00 and funds for this work are available in
account #38400206-445100
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 17,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for
the Community Tree Planting Contract, to Schichtel's Nursery, Inc., the lowest responsible bidder, in the amount of
$35,996.00. Funds for the project are available in #38400206 - 445100.
PASSED
AYES - 9 NOES -0
NO. 23
REPORT OF BIDS
CITY HALL
MASONRY RESTORATION - PHASE 2
JOB #0746
ELLICOTT DISTRICT
I advertised for on October 3, 2007 and received the following formal sealed bids for City Hall, Masonry Restoration -
Phase 2, which were publicly opened and read on October 10, 2007.
Base Bid Alt. #1
Graciano Corp. $2,969,499.00 $222,471.00
209 Sigma Dr., Pittsburgh, PA
Morris Masonry $2,992,883.00 $244,900.00
40 Appenheimer, Buffalo, NY
AIIState Development $3,178,300.00 $283,850.00
31 Ransier, West Seneca, NY
VIP Restoration $3,525,000.00 $225,000.00
1361 E 55 th, Cleveland, OH
Alternate #1 - Perform additional masonry repairs, asbestos abatement on all windows and cleaning work in the areas
indicated on Drawing A -11 and Drawing A -13.
2 14/200410/30/2007
I hereby certify that the foregoing is a true and correct statement of all bids received and that Graciano Corp., with a Base
Bid of $2,969,499.00, add Alternate #1 for $222,471.00, for a total bid of Three Million One Hundred Ninety One
Thousand, Nine Hundred Seventy and 00/100 Dollars ($3,191,970.00), is the lowest responsible bidder in accordance
with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bid. Funds for this project are available in 38320806 445100 and 30320506 445100 - Buildings.
Mr. Bonifacio moved
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 24,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for
City Hall, Masonry Restoration - Phase 2, Job #0746 to Graciano Corp., 209 Sigma Dr., Pittsburgh, PA., the lowest
responsible bidder, with a Base Bid of $2,969,499.00 add Alternate #1 for $222,471.00 for a total bid amount of
$3,191,970.00. Funds for the project are available in #38320806 445100 and 30320506 445100 - Buildings.
PASSED
AYES - 9 NOES -0
NO. 24
REPORT OF BIDS
ROOSEVELT PARK SHELTER HOUSE
ROOF REPLACEMENT
JOB #0760
UNIVERSITY DISTRICT
I advertised for on September 7, 2007 and received the following formal sealed bids for the Roosevelt Park Shelter
House, Roof Replacement, which were publicly opened and read on October 10, 2007.
Grove Roofing $60,100.00
131 Reading, Buffalo, NY
Progressive Roofing, Inc. 331 Grote, $65,500.00
Buffalo, NY
There were no other bids received.
hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing, with a bid of
Sixty Thousand One Hundred and 00/100 Dollars ($60,100.00), is the lowest responsible bidder in accordance with the
plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bid. Funds for this project are available in 30320606 445100 - Buildings.
Mr. Bonifacio moved
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated October 11,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for
the Roosevelt Park Shelter House, Roof Replacement, to Grove Roofing, 131 Reading, Buffalo, New York the lowest
responsible bidder, in the amount of $60,100.00. Funds for the project are available in 30320606 4451 00 Buildings.
PASSED
AYES — 9 NOES — 0
NO. 26
REPORT OF BIDS
36" WATER MAIN REHABILITATION PROJECT
NORTH
Plans and specifications were prepared and sealed proposals accepted for the
36" Water Main Rehabilitation Project, Phase 3, Internal Joint Seals, for the Water Distribution System.
I hereby submit the following report of bids which were received and opened office at ii:00 a.m. on October 17, 2007.
Kandey Company 19 Ransier Dr. West Seneca, NY 14224
C. Destro Development 2255 Bailey Avenue Buffalo, NY 14211
J. Fletcher Creamer $ Son 1701 East Linden Ave. Lindon, NJ 07036
1 certify that foregoing is a true and correct statement of all bids
received and that Kandey Company is the lowest responsible bidder complying with the plans and specifications.
I respectfully request that your Honorable Body authorize the Commissioner
of Public Works, Parks and Streets to enter into a contract with Kandey Company for the cost thereof to be charged to the
Division of Water account 53210716 445100 in the amount of $348,774.00 plus 10% for approved unit prices for a total
encumbrance of $383,651.40.
Mr. Bonifacio moved
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for
the 36" Water Main Rehabilitation Project, Phase 3, Internal Joint Seals, for the Water Distribution System, to Kandey
Company, 19 Ransier Drive, West Seneca the lowest responsible bidder, in the amount of $348,774.00 plus 10% for
approved unit prices for a total encumbrance of $383,651.40. Funds for the project are available in the Division of Water
account 53210716 445100.
PASSED
AYES - 9 NOES -0
01 lelwtl
2 14/200410/30/2007
335 FRANKLIN STREET
REQUESTS PERMISSION TO ENCLOSE AND
EXTEND EXISTING SIDEWALK CARE
(ELLICOTT DISTRICT)
(ITEM NO. 036, C.C.P. 04/30/96)
Mr. Frank Pandolfino, owner of the Tudor Lounge, located at 335 Franklin Street, has requested permission
permanently enclose & extend an existing sidewalk card at said address. The proposed enclosure and addition would be
located on the Franklin Street side of the property and would measure thirty (30) feet in length and project nine (9) feet
from the building face into City right -of -way.
The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 67
(Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the
Commissioner of Public Works to issue a "Mere License" for said installation provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits necessary.
2. That the enclosure and addition be installed exactly as shown on plans submitted to and approved by the
Department of
Permit and Inspection Services.
3. That the addition does not exceed thirty (30) feet in length or extend more than nine (9) feet from the building face.
4. That the applicant be responsible for relocation of any underground utilities affected by the installation of said
addition.
5. In the event that the Commissioner of Public Works determines the encroachment must cease as a result of factors
effecting the health, safety and welfare of the public, or the needs of the City, the Commissioner may order the immediate
removal of said encroachment as described in Chapter 413 -64 (E) of the City Charter.
6. That, because the addition will remain within City right of way the entire year, the applicant be assessed the annual fee
of five dollars ($5.00) per square foot of City right -of -way occupied by said encroachment as described in Chapter 413 -67
(G) of the City Charter.
7. That the applicant supply the City of Buffalo with a five thousand dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage
arising out of the construction, maintenance, use and removal of said addition.
Mr. Bonifacio moved:
That the above communication from the Department of Public Works, Parks and Streets dated October 19,. 2007 be
received and filed; and
That the Acting Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "Mere
License" to Mr. Frank Pangolin, owner of the Tudor Lounge, located at 335 Franklin Street, to permanently enclose and
extend and existing sidewalk caf6, located on the Franklin Street side of the property and to measure a total of 30' in
length and to project 9' feet from the building face, which would encroach city right -of -way at said address, subject to the
conditions as listed above.
PASSED
AYES - 9 NOES -0
NO. 27
METAL NOSED CURB CONCERNS
Dear Mr. Kerns,
This is in response to your letter dated October 15, 2007 regarding an increasing number of curb / tire punctures. As snow
plows clear City streets during the winter months they, on occasion, will clip the metal nosing on a curb. Generally our
department receives a majority of these complaints in the spring season as the snow begins to melt. Our crews are
familiar with the streets that have the metal nosed curbs and they do conduct spring inspections of these streets. We do
receive citizen service complaints on this issue and general those are repaired within 24 to 48 hours of receiving the
complaint.
Should you have any questions please feel free to contact Don Poleto of my office at 851 -5359
RECEIVED AND FILED
NO. 28
CERTIFICATE OF APPOINTMENT
Appointment Effective: October 19, 2007 in the Department of Public Works, Division of Streets to the Position of
Supervisor of Street Sanitation I, Provisional Appointment at the Maximum Starting Salary of $34,311
Michael E. Hayden, 154 Roswell Ave, Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 29
DRUG ASSET FORFEITURE WIRE TRANSFERS
CCP# 104, 2/2/1988
99 -DEA- 359856 G1 -99 -0123
2,080.74
07 -DEA- 481994 C2 -07 -0069
1,430.29
07 -DEA- 483132 C2 -07 -0077
1,772.89
07 -D EA- 483130 C2 -07 -0076
24, 693.35
07 -DEA- 483130 C2 -07 -0076
5,290.10(15% SAFF)
TOTAL
$35,267.37
The Drug Enforcement Administration (DEA) and /or U.S. Customs has administratively forfeited the above referenced
property. The funds were received by this Department through wire transfers and duly deposited in the Trust & Agency
2 14/200410/30/2007
Account, #20010000 - 389001. 15% of these funds have been deposited into SAFF account 10326 for fulfilling year 2
expenditures under SAFF legislation. The remaining funds will be placed into one or more of the following accounts as
deemed necessary by the Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and
Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624.
RECEIVED AND FILED
NO. 30
PERMISSION TO ACCEPT VARIOUS GRANTS AWARDED TO
DEPARTMENT LISTED BELOW AND APPROVAL FOR APPROPRIATE INTERFUND CASH LOANS
As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various
sources. We have received official verification and confirmation from the County, State and Federal Governments as to
these awards. Therefore, in order to keep within the practices of our grant processing, especially in this time of critical
need for funds, we are asking permission from your Honorable Body and Buffalo's Fiscal Stability Authority for the Mayor
to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your
Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until such
reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each
identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant
programs.
As you are aware, the grant process often involves delayed information, budgets, and contracts at these government
levels, often times beyond the City's control, and therefore create a pressing situation for the processing of the required
paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the
funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly
faced with time constraints, therefore, we would appreciate your approval at the next meeting.
STOP DWI GRANT PROGRAM - We are requesting authorization for the Mayor to enter into the 2008 -2010 three -year
renewal agreement between the City of Buffalo and the County of Erie under the STOP DWI Grant Program for the period
January 1, 2008 through December 31, 2010. The City of Buffalo and the County of
Erie have had contractual agreements over these many years
whereby the City is reimbursed for efforts in the enforcement of alcohol
and /or related traffic violations. Under this agreement, the City will be reimbursed by the County for up to 65% of all
revenue generated from fines levied resulting from the disposition of alcohol - related traffic offenses. These funds are then
utilized to continue enhancing the Department's DWI enforcement activities. Under this particular grant, there is no City
Match and no interfund cash loan request.
NYS MOTOR VEHICLE THEFT /INSURANCE FRAUD PREVENTION GRANT Again, we are asking for authorization for
the Mayor to enter into a renewal agreement between the City of Buffalo and the Department of
Criminal Justice Services under the State's Motor Vehicle Theft and
Insurance Fraud Prevention Program for the period 01 -01 -08 through 12- 31 -08. Our potential award will range between
$90,000 and $150,000 and the expenditures under this grant project will cover reimbursement for a Detective's position as
it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable), training expenses,
equipment (mobile license plate reader, air cards and related software), overtime expenditures for entities participating in
regional auto theft task force. We are requesting an interfund cash loan for all non - personnel expenditures
(training /equipment expenditures pertinent to this initiative) until such reimbursement is secured from the State. The loan
would then be repaid as the reimbursements are sent to the City from the State under this grant project. There is no City
Match involved with this grant.
OPERATION PROTECT KIDS (CIGARETTE GRANT) - This renewal grant was awarded to the County of Erie under the
New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant and will run through
September 30, 2008.
Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $45.00 for every completed
compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks
have been conducted to see ff active enforcement of New York State Public Health Laws reduces the availability of
tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell
tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law
and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the Health
Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the
efforts to reduce tobacco sales to minors.
BULLET PROOF VEST REIMBURSEMENT: Through its Department of Police, the City is entitled to receive up to 50%
reimbursement, which in turn will then be prorated between $40,000 and $80,000, for the authorized purchase of bullet
proof vests that comply with the requirements of the Office of Justice Programs' National Institute of Justice.
Reimbursement is handled online and the City will receive a direct payment Once proper reimbursement steps are
electronically initiated.
OPERATION IMPACT IV: The Buffalo Police Department is respectfully asking for authorization for the City to accept
funds, totaling $895,346, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 4 covering
the grant period of 7/1/07 through 6/30/08. Operation Impact is part of a comprehensive strategy in New York State to
reduce violent crime involving gangs, guns and drugs through integrated anti -crime teams. Buffalo's strategy includes
coordination with federal (ATF, FBI, DEA, US Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie
Co. Sheriff Dept, Central Police Services, NVFA, Housing) as well as Probation, Parole, the US Attorney's Office, and the
District Attorney's Office.
This year, awards were competitive throughout NY State, and also, the State will reimburse the City of Buffalo directly for
the $895,346, which is a 35% increase over last year. This year, Buffalo Police will meet a match of less than a quarter
2 14/200410/30/2007
percent of the award ($2,397 which is the difference of the cost between a Police Officer and a Detective who would then
be assigned to assist the Violent Felony Warrant Task Force). The funding award will be utilized as for 9 police officer
salaries, 3 Report Technician Salaries, community service projects (St Brigid /Columba, Explorers), Overtime, Equipment
and UB Research Analysis Assistant. There is no matching requirement by the City.
DCJS LEGISLATIVE GRANT '06 - The NYS Department of Criminal Justice Services has awarded the Buffalo Police
$20,000 through a legislative member item grant to purchase monitoring /display equipment that will complement the City's
initiative for the installation of cameras throughout City neighborhoods for crime prevention, strengthening homeland
security, and encouraging economic development. We are asking for an interfund cash loan in the amount of the $20,000,
which covers this non - personnel expenditure until such time that reimbursement is secured from the State. The interfund
loan would then be repaid as the reimbursement is sent to the City from the State under this grant project.
DCJS LEGISLATIVE GRANT - The NYS Department of Criminal Justice Services has awarded the Buffalo Police
$25,000 through a legislative member item grant to purchase equipment for the Department's Underwater Recovery Team
including thermal imager for maritime navigation, underwater telescopic /waterproof camera, a chart plotter and night
vision goggles. This will help our team to prepare and respond to acts of terrorism along Buffalo's waterways. By
purchasing this equipment the efforts of Buffalo Police's Underwater Response /Recovery Team will be enhanced as part
of Western New York's urban area homeland security efforts. The equipment will enable 1 st responders to secure the
resources that will enable them to detect improvised explosive devices, as well as allow the response team to secure
Buffalo's waterfront, assist victims on Buffalo's waterways, initiate searches for the discovery of contraband disposed in
the Niagara River or along Lake Erie, and additionally, assist Border Patrol, US Coast Guard, and U.S. Customs for
patrolling area waterways as required since Buffalo is a border city, reinforcing the emphasis of law enforcement providing
stronger homeland security measures.
We are asking for an interfund cash loan in the amount of the $25,000, which covers this non - personnel expenditure until
such time that reimbursement is secured from the State. The interfund loan would then be repaid from the reimbursement
that is sent to the City from the State under this grant project.
GOVERNOR'S TRAFFIC SAFETY (YEAR 12) - Once again, the City Buffalo has applied for $48,840 in renewal grant
funding under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's
Traffic Safety Regional Planning Committee. Through this project, a heavy emphasis is being placed on general safety by
addressing speed enforcement and aggressive driving behaviors that have been determined regionally by this committee
as a major problem (whereby the City of Buffalo is represented, as are the surrounding suburbs). Under this year's grant,
we have requested reimbursement for overtime for the Traffic /Accident Investigation Unit to specifically pursue and
address speeding /aggressive driving behaviors in identified trouble spots. Also this year, we have asked for an additional
Speed Safety Trailer. The City only has one, which was purchased under this grant over 7 years ago. There is no City
Match.
involved with this grant. We are asking for an interfund cash loan in the amount of the $14,280 for the speed trailer and is
a non - personnel expenditure until such time that reimbursement is secured from the State. The interfund loan would then
be repaid from the reimbursement that is sent to the City from the State under this grant project.
PORT SECURITY - This year, the City of Buffalo was very fortunate to receive this highly competitive grant for the first
time in the amount of $220,456. This is strictly an equipment grant and we will be requesting equipment that will tie into
and expand the Tonawanda Huntley Station Waterside Surveillance System up river to the City of Buffalo. The equipment
will enable coverage along the Niagara River and up over Lake Erie which will enable both the City of Buffalo Police and
the Town of Tonawanda Police to deter a port security incident. The innovativeness of such a solution is the fact that both
a private and public entity will be joining forces for the integration of a critical infrastructure protection effort. Buffalo's
equipment, which will include a thermal camera for the Tonawanda Police will be able to tie into the Huntley Power Plant's
waterside surveillance system that will enable us to detect, deter, prevent and respond to threats along Buffalo's Port and
in and around the Peace Bridge. There is a mandatory 25% cash match totaling $73,485 which is equipment necessary
for the installation of Buffalo's Waterside Surveillance System.
We are asking for an interfund cash loan in the amount of the $220,456 for the equipment as it constitutes a non -
personnel expenditure until such time that reimbursement is secured from the State. The interfund loan would then be
repaid from the reimbursement that is sent to the City from the State under this grant project.
URBAN AREA SECURITY INITIATIVE —UASI) YEAR 5
As you are aware, the City of Buffalo, County of Erie, and Niagara County have been awarded grant funds for a fifth year
(2007 funds) under the Urban Area Security Initiative(UASI) from the US Department of Homeland Security for urban area
security and homeland preparedness, totaling $5,470,000. Also, as you know, each year this region has been cut and
fortunately for Buffalo, this year we came off sustainment, which if this had not happened, we would have been completely
cut -off from UASI funding. The City of Buffalo's share of funding is a total of $1,920,000 (which is a $470,000 increase
over last year's award to Buffalo); the County's share is $1,600,000, Niagara County's share is $856,000, and New York
State receives 20 %, or $1,094,000.
Buffalo's share of these grant dollars will continue to fund interoperable communications equipment for both Police /Fire,
citizen preparedness activities, security equipment upgrades, reimbursement for overtime for "yellow" alert high risk
events, critical infrastructure reinforcement, and training /exercise funds. Again, we are asking for permission for the City to
accept this award, and also, authorization for an interfund cash loan covering all non - personnel expenditures should the
need arise. The loan would then be repaid as the reimbursement is sent from the State under this special initiative. This
particular grant application process has been very long and bureaucratic with the State and the processing of this grant
information has been difficult due to the complexity of the different entities involved, the fact that the City has two (2) UASI
grants running simultaneously.
DCJS YOUTH VIOLENCE REDUCTION GRANT - The Buffalo Police Department was recently awarded $150,910 in
funds in Juvenile Accountability Block Grant funding. This collaborative pilot project with the Buffalo Public School System
will place five (5) uniformed off -duty police officers within three (3) of the high risk /high crime schools (East, Bennett,
Grover) to reduce violent crime and enhance school safety. In addition, each 9 th grade class in each school will receive the
Code of Conduct Violence Prevention Program. The primary goal of the program is to address those risk factors that are
2 14/200410/30/2007
prevalent among youth associated with violent crime by offering education and if needed, an integration of services and
follow -up.
In addition, this initiative will reinforce the Board of Education's school code of conduct, and any violator outside the 9 th
grade, will be formally referred to the City's Code of Conduct, Anti -Crime or Youth Court Programs.
POLICE REIMBURSEMENTS - Also, for your information, the Buffalo Police Department will be securing reimbursement
from the DEA for overtime worked by 3 dedicated Detectives assigned there (approximately $47,563) on drug cases,
along with reimbursement from the FBI for any overtime worked by the Detectives assigned to the Joint Terrorism Task
Force and the Safe Streets Task Force, which to date, will not exceed $31,709, and reimbursement from the US
Marshall's Office for approximately, $8,000 for their "rolling thunder" search warrant executions.
Again, we are asking for permission for the Mayor to accept all of this funding, and in addition, and where applicable,
authorization for an interfund cash loan covering all non - personnel expenditures should the need arise.
We try to secure all the required grant information in a timely manner, however, the reality is that is always not possible,
and as a result, we find ourselves in a position of having to process things, such as this request, extremely quickly in order
to follow our own governmental procedures. We need your immediate approval due to the various timetables, and also,
we are presenting this to the Control Board at their next meeting, which we cannot do until we secure your approval.
If you have any questions or require further clarification of the above, please contact Inspector Joseph Strano at 851 -4879
or Captain Mark Makowski at 851 -5643.
Thank you for your immediate attention to the above.
Mr. Bonifacio moved
That the above communication from the Commissioner of Police dated October 16, 2007, be received and filed; and
That the Mayor be, and he hereby is authorized on behalf of the City to enter into the contracts listed above. That the
Comptroller be authorized to provide an interfund cash loan for all non - personnel expenses as listed above, until such
reimbursements are secured by the funding source (County, State, Federal).
PASSED
AYES - 9 NOES -0
I a:To]LVi& I.I =11115K6LVihVil 1.1-11 IQ 0114:ZO] 0 y I N 0
NO. 31
DONATION OF VEHICLE TO BFD FIRE MARSHAL'S OFFICE
The Buffalo Fire Department is requesting approval to accept the donation of a 2004 Chevy Malibu, VIN
#1G 1ZU64854F151233 from GEICO Direct, PO Box 98, Woodbury, NY 11797, to be used by the Buffalo Fire
Department Fire Marshals Office - K -9 Accelerant Detection Team. The vehicle will assigned to Lt. Salvatore Colangelo
who is in charge of the unit, on a take -home basis.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Fire dated
October 11, 2007, be received and filed; and
That the Commissioner of Fire be, and he hereby is authorized to accept on behalf of the Buffalo Fire Department Fire
Marshal's Office - K -9 Accelerant Detection Team, the donation of a 2004 Chevy Malibu; VIN #1G1ZU64854F151233
from GEICO Direct, P.O. Box 98, Woodbury, NY 11797.
That the acceptance of the donation of this vehicle is approved contingent on, that concurrent with it's use, there be no
increase in the number designated as authorized for take -home use, there be no increase in the number designated as
marked and unmarked in accordance with
Chapter 53 of the City Code and the exceptions thereto granted by this Common Council, and that the replaced vehicles
be removed from City service and disposed of in the best interests of the City.
PASSED
AYES - 9 NOES -0
NO. 32
FIRE PREVENTION AND SAFETY GRANT
EMW- 2006 -FP -02726
We are requesting approval to accept and expend FEMA's Fire Prevention and Safety Grant #EMW- 2006 -FP -02725
funds totaling $73,413.00 in accordance with the grant guidelines.
We applied for this grant as a means to reduce the number of arson fires in the City of Buffalo, specifically in the
economically depressed inner -city neighborhoods. We anticipate doing this by improving the way we collect, interpret and
analyze data which in turn allows us to identify and target high risk locations. We will also distribute fire prevention
materials to educate the target group.
The total award from Fema is $58,730. As part of the Fire Prevention and Safety Grant Program, municipalities are
required to provide a 20% match to secure these funds. The matching portion of the award is $14,683.00 which we have
secured funds for.
Mr. Bonifacio moved
That the Commissioner of Fire be, and he hereby is authorized to accept and expend FEMA's Fire Prevention and Safety
Grant #EMW- 2006 -FP -02725 funds totaling $73,413.00 in accordance with the grant guidelines. As part of the Fire
Prevention and Safety Grant Program, municipalities are required to provide a 20% match to secure these funds. The
matching portion of the award is $14,683.00.
PASSED
AYES - 9 NOES — 0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
2 14/200410/30/2007
NO. 33
REQUEST TO HOMESTEAD A VACANT LOT - MONROE ST
RES. #116, CCP SEPTEMBER 4, 2007
Economic Development, Permit & Inspection Services
[:Request to Homestead a vacant lot - Monroe St.
Executive Director Wanamaker will investigate this request to homestead a vacant lot on Monroe St. and will respond to
this item-
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE CITY CLERK
NO. 34
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
3076 Bailey Ave THE GOOD LIFE SPORT
RECEIVED AND FILED
NO. 35
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:
Police- Paul Mullen— Robert Delaney RT Dana Gordon
RECEIVED AND FILED.
NO. 36
NOTICES OD APPOINTMENTS
COUCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern
ADOPTED
Certificate of Appointment
Appointment Effective: 10/16/2007 in the Department of Common Council Division of Delaware District to the Position of
Intern VI Temporary Non - Competitive Hourly Starting Salary $10.00 Hour
Koosje Vokes 63 Meech St Buffalo 14208
Appointment Effective: 09/27/2007 in the Department of Common Council Division of Delaware District to the Position of
Intern VI Temporary Non - Competitive Hourly Starting Salary $10.00 Hour
Erin Meegan 159 Tuscarora Rd Buffalo 14220
No. 37
Notices of Appointments Seasonal /Flat
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various
departments
RECEIVED AND FILED
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/22/2007 in the Department of Public Works Division of Engineering to the Position of Laborer II
Seasonal Appointment Flat Starting Salary $8.15 Hour
Gene Rose 250 Shirley Ave Buffalo 14215
Phillip Gaines 188 Chester St Buffalo 14208
No 38
Appointments Temporary Provisional or Permanent
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/22/2007 in the Department of Administration, Finance, Policy and Urban Affairs Division of
Inventory & Stores to the Position of Tire Mechanic Permanent Non - Competitive Minimum Starting Salary of $25,793
Michael Dubel 16 Lafayette Ave Buffalo, NY 14213
Lakeith Watts 384 Cambridge Ave Buffalo NY 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/22/2007 in the Department of Public Works, Parks and Streets Division of Buildings to the
Position of Telephone Operator Permanent Appointment Minimum Starting Salary of $26,861
Melissa Torres 164 Camden St Buffalo 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/15/2007 in the Department of Public Works, Parks and Streets Division of Buildings to the
Position of Senior First Class Stationary Engineer Temporary Appointment Flat Starting Salary of $10.25
Richard Veroba 24 Lester St Buffalo 14210
2 14/200410/30/2007
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/24/2007 in the Department of Public Works, Parks and Streets Division of Water to the Position
of Account Clerk Typist Temporary Appointment Minimum Starting Salary of $26,271
David Reyez 280 LaSalle Ave Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/29/2007 in the Department of Public Works, Parks and Streets Division of Water to the Position
of Account Clerk Typist Temporary Appointment Minimum Starting Salary of $26,271
Jacqueline Hennings 119 Delmar Mitchell Buffalo 14204
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/15/2007 in the Department of Police to the Position of School Crossing Guard Temporary Non -
Competitive Minimum Starting Salary of $7.09
Evelyn Gray 499 Highgate Ave Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/22/2007 in the Department of Audit and Control Division of Audit to the Position of Senior
Auditor Provisional Appointment Minimum Starting Salary of $37,852
Jennifer Renfroe 242 Hewitt Ave Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/11/2007 in the Department of Administration, Finance, Policy and Urban Affairs Division of
Finance to the Position of Assistant Collection Officer Permanent Appointment Minimum Starting Salary of $33,359
Mary Lou Helminiak 10 Rebecca Park Buffalo 14207
CERTIFICATE OF APPOINTMENT
Appointment Effective 10/15/2007 in the Department Fire Division of Fire to the Position of Account Clerk Typist
Provisional Open- Competitive Minimum Starting Salary of $26,270
Elizabeth Lewis 146 Choate Ave Buffalo 14220
REFERRED TO THE COMMITTEEE ON CIVIL SERVICE
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMMUNICATIONS
NO. 39
EXTEND COMMENT PERIOD FOR PEACE BRIDGE EXPANSION
I am respectfully requesting that the New York State Department of Transportation please consider extending its public
comment period for the proposed Peace Bridge Expansion Project until at least November 30, 2007.
As the local representative of the affected area in the City of Buffalo, I still have some concerns that the Draft
Environmental Impact Statement (DEIS) will not address appropriate changes as reflected in Alternative 1 B. Also, by
extending the process may ultimately give us the opportunity for Shared Border Management (SBM) to be revisited. SBM
should be studied to the fullest during the DEIS.
Many neighbors, block clubs, community groups, civic associations, and businesses have flooded my office with phone
calls, emails, and letters regarding their concerns as well with the project. I have conducted two neighborhood meetings
with over one hundred attendees to discuss the project and address those concerns, and I plan on having at least two
more in the very near future.
A project of this magnitude cannot be rushed and it is imperative that all parties have ample time to properly prepare and
offer input on the matter. No one recognizes the significance of this project and the need to move efficiently more than 1,
however this project is bigger than any one body or person and it is crucial that everyone be involved.
Once again, I implore you to extend the public commenting period for this very important project to at least November 30,
2007.
Thank you for your consideration.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE OFFICE OF STRATEGIC PLANNING
NO. 40
REQUEST TO REPAVE MAIN ST FROM HERTEL TO GOODELL
The city of Buffalo has the opportunity to improve itself in the process of taking care of something that needs to
be done anyway. Main Street needs to be repaved from Hertel Avenue to Goodell Street to repair all the cracks, potholes,
and frost heaves. This would be a perfect time to reconfigure Main Street from six lanes of traffic down to two lanes of
traffic with a dedicated center turn lane. Two bicycle lanes could be added and both sides of the street could then have 24
hour parking except for periods of time set aside for street cleaning.
The traffic lights would have to be retimed to give preference to Main Street to keep an optimal flow of traffic. This would
help keep vehicles traveling at the speed limit as opposed to speeding, and make pedestrians safer. Businesses might
see improvement in patronage with plenty of ample parking and safer pedestrian areas. Bicycle commuters would feel
safe being able to use one of the city's main thoroughfares.
It is small noticeable things that get people talking and add hype to a location. The city of Buffalo needs to give
people a reason to use Main Street as something other than an expressway into and out of downtown.
REFERRED TO THE DEPARTMENT OF PUBLC WORKS PARKS AND STREETS
NO. 41
CONCERNS FEMA'S REVISED FLOOD PLAIN MAP
I write to express some concerns with FEMA's revised flood plain map. It is my understanding that the draft, revised flood -
plain map for the City of Buffalo may contain errors that have placed the entire Old First Ward neighborhood within the
100 -year flood plain. I ask that FEMA act to confirm this and, if them is indeed an error, to ensure the Old First Ward is
removed from the 100 year flood plain.
2 14/200410/30/2007
Prior to this unexpected change, the Old First Ward was considered to be within only a 500 -year flood plain./ /'this
community remains in the 100 -yr flood plain hundreds of homeowners would be saddled with backbreaking premiums. As
anyone in the Old First Ward knows, flooding is highly improbable in the neighborhood and recent infrastructure upgrades
have added additional safeguards against unlikely flood events, as they have in other neighborhoods nearby that have
been released from 100 -year flood plain status.
The Old First Ward is a stable, historic neighborhood of strong, middle -class families. Adding these homes to a flood plain
could have a destabilizing effect on the neighborhood and make it harder for people to get mortgages, make home
improvements, and sell their homes at fair market value.
Thank you kindly for your consideration. Please direct any questions you may have to my Western New York Regional
Director, Deborah Lynn Williams, at (716) 846 -4111.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF EDPI AND THE
OFFICE OF STRATEGIC PLANNING
NO. 42
TAXI SERVICE AT BUS TERMINAL 181 ELLICOTT ST
At the Common Council's Taxi Cab and Livery Sub - Committee meeting held on Thursday, October 18, 2007, several
issues and concerns were raised with regards to the NFTA's request for proposal (RFP) for taxi service at the bus terminal
at 181 Ellicott Street.
Some of the concerns raised:
1. Who actually owns the land the bus terminal and turn around loop sit on?
2. Since the NFTA is a public authority and receives federal funding can they legally accept bids and /or restrict which cab
operators can pick up fares at the bus terminal?
3. Public cab stands were once located on Ellicott St in front of the bus terminal. Are they legally still listed there on the
city codebook?
Bill Yuhnke, owner of Liberty /Yellow Cab formally announced that he would be withdrawing his bid on the taxicab
concession at the NFTA bus terminal. Mr. Yuhnke indicated that his attorney would be in contact with you to notify the
NFTA of his decision to pull his bid.
In light of the concerns listed above and the Liberty /Yellow Cab withdrawal from the bidding process, the Taxi Cab and
Livery Sub - Committee is formally requesting that the NFTA hold off the awarding of any contract for taxi service at the bus
terminal at 181 Ellicott Street until such issues can be addressed.
The Law Department of the City of Buffalo will be looking into the concerns raised.
Please feel free to file and address your comments and /or concerns with the Common Council, 1308 City Hall, Buffalo,
14202.
If you have any questions or need further information, please contact Mark Jaskula of the Council Staff at 851 -5109 or my
office 851 -5116.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 43
SUPPORT NIAGARA RIVER BOARDWALK
TO WHOM IT MAY CONCERN:
I HEREBY CERTIFY, That at the 18th Session of the Legislature of Erie County, hem in the Legislative
Chambers, in the City of Buffalo on the Eleventh day of October, 2007 A.D. a Resolution was adopted, of which the
following is a true copy."
A RESOLUTION SUBMITTED BY
LEGISLATORS WHYTE, MARINELLI, LOCKLEAR, KENNEDY, KOZUB, LOUGHRAN and MILLS
WHEREAS, the Niagara River is one of our region's greatest assets, one which residents throughout
Erie County value and utilize; and
WHEREAS, people living in waterfront neighborhoods, from Southern to Northern Erie County desire increased
access to the waterfront for recreational activities such as fishing, boating, and swimming, and
WHEREAS, several points of entrance to the Niagara River exist within the City of Buffalo,
including those along Niagara Street, Porter Avenue, and the Outer Harbor; and
WHEREAS, multiple projects are currently being pursued at each entrance, designed to bring
increased accessibility to the waterfront for residents and visitors alike; and
WHEREAS, a Niagara River boardwalk would likely increase traffic at all waterfront destinations and satisfy many
recreational activities including fishing, bird watching, running, and biking, as well as create opportunities for historical and
educational displays, and
WHEREAS, plans for a Niagara River boardwalk are already underway and have received support
from numerous community leaders and elected officials; and
WHEREAS, funding for this and other waterfront projects will require local, state, federal, and
private investment; and
WHEREAS, the Common Council of the City of Buffalo has reviewed plans for a Niagara River
boardwalk and have similarly called for state and federal support of a boardwalk.
NOW, THEREFORE, BE IT
RESOLVED, that the Erie County Legislature joins the Common Council of the City of Buffalo in requesting the
consideration of the WNY State Delegation, Congresswoman Louise Slaughter, Congressman Brian Higgins, and New
York State Senators Hillary Clinton and Charles Schumer.
RECEIVED AND FILED
NO. 44
NYSDOT BUFALO OUTER HARBOR ACCESS FUHRMANN BLVD PROJECT
2 14/200410/30/2007
Please file the attached Report from the NYSDOT on the Buffalo Outer Harbor Access - Fuhrmann Blvd. Project
COPY AVAILABLE IN THE CITY CLERKS FOR REVIEW
REFERRRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
No. 45
Proposed Southtowns Connector Project,
As members of the City of Buffalo Common Council, we are requesting that your office immediately review the
development plan proposed by the New York State Department of Transportation ( NYSDOT), with regard to the
Southtowns Connector Project.
Additionally, as local legislators, we have serious reservations about this project, most notably that the NYSDOT's
proposal is not consistent with several New York State and City of Buffalo policies, such as:
• New York State Coastal Review Policy
• City of Buffalo Coastal Special Review Zoning District Policy
• City of Buffalo Local Waterfront Revitalization Program, adopted in 2005
• City of Buffalo adopted Comprehensive Plan, which supports Smart Code zoning
policies
In a unanimous vote, the Buffalo Common Council requested that the NYSDOT delay letting contracts to start the
Southtowns Connector Project. In addition, local lawmakers in the Village of Hamburg, John Norquist, a renowned
authority of urban development, Smart Mobility, Inc. transportation consultants and the Waterfront Coalition, a group of
nearly twenty extremely well known and well respected community organizations, have expressed deep concern about
the NYSDOT's development plan.
Moreover, contracts for this project are scheduled to be letted on November 15, 2007, so this is an urgent matter
Therefore, we are respectfully seeking the prompt, professional assistance of your office, as we believe that your
expertise will be beneficial in this process and for the future of our fine City.
Please find a number of relevant documents attached. We encourage you to contact us with any questions or concerns, at
(716) 851 -5169.
Thank you, in advance, for your attention to this matter. We look forward to your quick response.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 46
FEMA Map Modernization Flood Mapping Open House for Erie County
The Federal Emergency Management Agency (FEMA) and the New York State Department of Environmental
Conservation (NYSDEC) are cooperating on a program to update the Flood Insurance Rate Maps (FIRMs) in your
community. New flood maps have been issued in a GIS compatible mapping format, including digital ortho -photo base
mapping that shows roads and buildings and utilizes detailed and updated topographical data. Pending final authorization,
the maps for ten Erie County communities should become effective at the end of September, 2008.
In order to inform Erie County residents about the current status of the project, NYSDEC and FEMA are holding an Open
House where residents can meet with representatives from NYSDEC, FEMA, and FEMA's mapping partners for Erie
County. Baker Engineering NY, Inc., the Map Modernization Program's Regional Management Center for New York State,
will also attend.
You were previously sent a letter from NYSDEC regarding community coordination meetings to go over the maps and
explain the legal map adoption process. The Open House is separate from and in addition to those meetings. This is an
opportunity for members of your community to review the maps and to ask questions about floodplain management, flood
mapping, the National Flood Insurance Program and whether the new mapping will affect insurance requirements on their
property. We would like to emphasize that there will not be a formal presentation at this event. Rather, subject matter
experts from FEMA, NYSDEC and FEMA's contractors on this flood mapping study will be available for direct question
and answer sessions with the public. Please see the enclosed meeting flyer for additional details.
You are welcome to participate in the Open House. The meeting location and time is listed below.
We also request and encourage you to help publicize this event in your community.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF ECONOMIC
DEVELOPMENT, PERMITS & INSPECTIONS AND THE OFFICE OF STRATEGIC PLANNING
NO. 47
J. KOWALSKI
REHAB 7 BRIDGES ON NY RTE 198, CITY OF BUFFALO
ERIE COUNTY
This is to advise you that the completed work on the above -noted contract was officially accepted by the New York State
Department of Transportation on October 9, 2007.
The maintenance responsibilities for those features indicated on the attached contract plan sheet are hereby turned over
to the respective agency. Please note if your agency is directly involved. If not, this letter serves as a courtesy to notify
you that the contractor for this project, The L. C. Whitford Co., Inc., is no longer directly involved in roadway maintenance.
Very truly yours,
RECEIVED AND FILED
NO. 48
A. RANDACCIO -TAXI SERVICE 181 ELLICOTT ST
I am in receipt of your letter dated October 18, 2007 regarding service at the bus terminal at 181 Ellicott Street. As you
know the NFTA has kept the City involved in our Request for Proposal for retaining a taxi operator at our facility, and we
intend to continue to cooperate by holding off on taking any action of the proposals we received as requested in your
letter.
2 14/200410/30/2007
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 49
NICHOLS ATHLETIC FIELDS ABUTTING AMHERST STREET
AND NOTTINGHAM AVENUE
Dear City of Buffalo, Nichols and Mr. LoCurto:
I have witnessed on my daily drive down Amherst Street where the new Nichols School athletic fields abut the street many
soccer balls coming over the fence into traffic. The fencing that is in place is not sufficient to prevent soccer or footballs
from entering traffic and causing serious injury or death to people driving or walking down Amherst Street.
I have seen students placed behind the inadequate fencing to fetch balls that have gone over the fencing. I have seen
soccer balls across the street on the church property. I have seen soccer balls come over the fence. I am particularly
concerned that footballs will surely come over the fence when field goals are kicked during football games. It does not
appear that there is sufficient room for the footballs to land within the school property,
CONSIDER THIS LETTER NOTICE THAT the fields should not be used for any activity involving a ball, i.e, football or
soccer, until sufficient netting or larger fence has been placed at the ends of the two new athletic fields at Amherst Street,
because accidents involving death or serious injury to motorists and pedestrians will occur.
The Nichols School may want to consult with their liability carrier regarding the dangerous condition created by the
proximity of the athletic field to Amherst Street and Nottingham in the City of Buffalo to see if the carrier will cover any
injuries caused by the dangerous condition.
For the sake of motorists and pedestrians passing the athletic fields, please cease their use until sufficient fencing or
netting is erected to prevent an accident.
Thank you.
Elizabeth Reinagel
RECEIVED AND FILED
NO. 50
RFP NORTH BUFFALO RAIL LAND
Mr. Chwalinski:
Please include the attached letter into the agenda of the upcoming Buffalo Common Council meeting.
Copy Available for review in The City Clerk's Office
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
PETITIONS
NO. 51
R. SANTORO, AGENT, USE 2310 DELAWARE AVENUE FOR AN ILLUMINATED POLE SIGN
(NORTH)( NO PUB HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 52
JUDAH CHRISTIAN FELLOWSHIP INC, USE 1105 BROADWAY FOR A HUMAN SERVICE FACILITY
(FILL)( NO PUB HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 53
APPTS EQUIPMENT OPERATOR, TEMP (MAX)(HUSSAR)(TAMSEN)(PW)
CCP# 27, 10/16
That Communication 27 of Oct 16, 2007 be received and Filed and that the Temporary appointments of Robert Hussar
and Jeffrey Tamsen Stated above at the salary of $31,838.00 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 54
APPT TRUCK DRIVER, PERUA (MAX)(WAGNER)(PW)
CCP# 28, 10/16
That Communication 28 of Oct 16, 2007 be received and Filed and that the Permanent appointment of Gregory Wagner
Stated above at the salary of $30,373.00 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 66
APPT TRUCK DRIVER, PERM,(INTER)(SANDERS)(PW)
CCP# 29, 10/16
That the above item be the same and is hereby returned to the Committee on Civil Service without recommendation.
Mrs. Russell moved that the above item be recommitted to the Committee on Civil Service.
ADOPTED.
NO. 56
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK)
2 14/200410/30/2007
(NO.42 10/16/2007)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 57
TRAVEL EXPENSE GUIDELINES (COMPT) CCP# 7,10/16
That the above item be the same and is hereby Received and Filed
ADOPTED
NO. 58
PROPOSED TRANSFER OF OWNERSHIP OF ADAM'S MARK HOTEL
(ITEM NO. 34, C.C.P., OCT. 16, 2007)
That the above - mentioned item be and the same is hereby received and filed.
ADOPTED.
NO. 59
B. DAVIS -C. BROWN- OPPOSE SALE /REUSE OF 390 HUDSON ST TO FRIENDS OF NIGHT PEOPLE (ELL)
CCP# 45, 10/16
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 60
THE CRUCIAL SOLUTION
CCP #114 10/16
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 61
B. DAVIS -J. STEWARD- DEMOLITION 23 EURKA (EDPI)
CCP# 25, 9/18
That the above item be the same and hereby is Referred to the Committee on Claims
ADOPTED
NO. 62
B. DAVIS -J. STEWARD- DEMOLITION 23 EURKA (ELL)
CCP# 81, 9/4
That the above item be the same and hereby is Referred to the Committee on Claims
ADOPTED
NO. 63
INVEST WHETHER THE COB SHOULD BE CREDITED BY NYSEG AS RESULT OF AGREE
CCP# 96, 1/23
That the above item be the same and hereby is Received and Filed
ADOPTED
LEGISLATION
(RICHARD A. FONTANA)
NO. 64
B.DAVIS- REQUEST FOR GREATER REFUGE TEMPLE LOT ACQUISITION
(NO. 37 09/18)
That the above item be the same and hereby is Referred to the Committee on Finance
ADOPTED
NO. 65
B.DAVIS- REQUEST TO HOMESTEAD A VACANT LOT MONROE ST
(#69,6/12)(#79,7/10)(#116,9/04)
That the above item be the same and hereby is Referred to the Committee on Finance
ADOPTED
NO. 66
M.KEARNS -INFO SMART GROWTH COMMUNITIES
(NO.93,09/04)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 67
CONVERTING TOWER SHORELINE BEACH INTO PUBLIC BEACH FRONT
(ITEM NO. 146, C.C.P., SEP. 4, 2007)
2 14/200410/30/2007
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the Common Council supports the creation of a Tower Shoreline Beach Recreation Area located at the Erie Basin
Marina.
That the Common Council supports the establishment of a Committee to investigate the possibility of establishing a Tower
Shoreline Beach as a public beach open to the public for the summer of 2008.
PASSED
AYES - 9 NOES -0
NO. 68
J.GOLOMBEK -LOCAL WATERFRONT REVITAL. PROGRAM
(NO. 57, 05/01)
That the above item be the same and hereby is Referred to the Special Committee on Waterfront Development
ADOPTED
NO. 69
R. FONTANA- T.JOHNSON- TN.OFCHEEKTOWAGA -COST OFFLOODHAZ. INS.
(NO. 56, 05/01)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 70
P.AIKIN -REQ TO PURCHASE 103 BURGARD PLACE
(NO. 84, 07/24)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 71
T. KLENTOS, PETITION TO USE 510 ELMWOOD A/K /A 512 ELMWOOD - CANOPY
(ITEM NO. 60, C.C.P., OCT. 16, 2007)
That the petition of T. Klentos, for permission to use 510 Elmwood a /k/a 512 Elmwood to erect an awning over the right -
of -way with signage to the front of a 1 story masonry storefront, with front support poles be, and hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 72
E.NOWAK, AGENT, USE 118 SCHILLER AKA 127 -135 OGDEN, NOAH FOR A HSF
FOOD PANTRY
(LOV)(NO PUB HRG) ('NO.61, 10/16)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 73
APPOINTMENT PERMANENT MEMBER TO THE BOARD OF ASSESSMENT REVIEW
(ITEM NO. 8, C.C.P., OCT. 16, 2007)
That the re- appointment of Coralia Hetzner, residing at 67 Lancaster, as a member of the Board of Assessment Review
for an additional five (5) year term expiring September 30, 2012 be, and hereby is approved on the condition that she
does not owe any outstanding liens to the City of Buffalo.
PASSED
AYES - 9 NOES -0
NO. 74
APPOINTMENT TEMPORARY MEMBERS TO THE BOARD OF ASSESSMENT REVIEW
(ITEM NO. 9, C.C.P., OCT. 16, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the re- appointment as temporary members of the Board of Assessment Review of Otis Cowart, 104 Ivy Street, and
Warren Glover, 17 Newport, for a one (1) year term be, and they hereby are approved on the conditions that they do not
owe any outstanding liens to the City of Buffalo.
Mr. Fontana moved that the Appointment of Warren Glover be approved and the Appointment of Otis Cowart be
recommitted to Committee on Legislation.
PASSED
AYES - 9 NOES -0
NO. 75
BD OF ASSESSMENT REVIEW APPOINTMENT, ADDITIONAL TEMP. MEMBERS(ASMT)
(COM 10,10/16)
That the above item be the same and hereby is Received and Filed
ADOPTED
r a A v 1o.II_�_ _4 1_9_91 o 09
Oct 30 2007n r A Voa- rr-4 -T>� 0W
2 14/200410/30/2007
NO. 76
BOOTH ALLEY - BLOCKAGE OF CITY ROW (EII)(PW)
(COM 13,10/16)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 77
CABLE TV FRANCHISE STATUS(PW) (COM 14,10/16)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 78
COVERT TO ONE WAY TRAFFIC - WILKES AVE(LOV)(PW)
(COM 24,10/16)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 79
REMOVE ALTERNATE PARKING DELHAM ST(DEL)(PW)
(COM 25,10/16)
That the above item be the same and hereby is Received and Filed ADOPTED
NO. 80
FOOD STORE LICENSE - 1069 FERRY EAST
(ITEM NO. 32, C.C.P., FEB. 20, 2007)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections
Services be, and he hereby is authorized to grant a Food Store License to Samir Hassan, located at 1069 Ferry East (City
Market).
PASSED
AYES - 9 NOES -0
NO. 81
FOOD STORE LICENSE- 1440 KENSINGTON
(ITEM NO. 41, C.C.P., OCTOBER 2, 2007)
(ITEM NO. 90, C.C.P., OCTOBER 16, 2007)
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. 82
FOOD STORE LICENSE 117 -119 COLVIN
ITEM # 53, 9/4/2007
ITEM# 92, 10/16/2007
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. 83
FOOD STORE LICENSE - 1981 FILLMORE
(ITEM NO. 37, C,C.P., MAY 15, 2007)
(ITEM NO. 109, C.C.P., OCT. 16, 2007)
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. 84
SIDEWALK CAFE LICENSE - 79 CHIPPEWA WEST
(ITEM NO. 35, C.C.P., OCT. 16, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved
That the Commissioner of Economic Development, Permit & Inspections Services be, and he hereby is authorized to
issue a "mere license" to Lorrie A. Davis, located at 79 Chippewa West (Vodka), to encroach City right -of -way provided all
conditions are met.
PASSED
AYES - 9 NOES -0
L low: M
2 14/200410/30/2007
"MAGGIE Y. BOYD" TRAILBLAZER SIGNS
(ITEM NO. 113, C.C.P., OCT. 16, 2007)
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. 86
RESTAURANT DANCING CLASS III - 45 CHIPPEWA WEST
(ITEM NO. 26, C.C.P., APR. 17, 2007) (ITEM NO. 94, C.C.P., OCT. 16, 2007)
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 re committed to the Committee on Legislation
ADOPTED.
NO. 87
USED CAR DEALER LICENSE - 411 WALDEN
(ITEM NO. 47, C.C.P., OCT. 2, 2007)
(ITEM NO. 95, C.C.P., OCT. 16, 2007)
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 Sameer Khaul d /b /a Allstate Auto
located at
411 Walden.
PASSED
AYES - 9 NOES -0
NO. 88
M. LOCURTO -T. BURGWARDT & O- REQUEST TO REMOVE ALTERNATIVE STREET
PARKING ON DELHAM ST
(NO. 77, 10/2)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 89
D. FRANCZYK -JT BLAKE -REQ NAMING PORTION OF ST THAT EXTENDS
FROM BEST & HERMAN - MAGGIE Y BOYD WAY
NO 69,10/2
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 90
B. DAVIS -R. STANTON- BLOCKAGE OF BOOTH ALLEY
(NO. 62, 10/2)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 91
R. RUDNICK- BUFFALO PARTNERSHIP REQUEST REPEAL APPRENTICESHIP ORDINANCE
(NO. 71, 10/2)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 92
REQ ALL CERT LICENSE, PERMIT & REGISTRATIONS TO CLEAR A COLLECTIONS CHECK (EDPI)
(NO. 28, 9/18)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 93
UTILIZING BFLO SPECIAL POLICE TO ASSIST WITH QUALITY OF LIFE ISSUES (EXEC 1 ST RES)
(NO. 103, 9/18)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 94
R. FONTANA -K. SKINNER & O, REQUEST TO CONVERT WILKES AVE TO A ONE -WAY ST PROCEEDING NORTH
TO SOUTH
(NO. 103, 9/4)
That the above item be the same and hereby is Received and Filed
ADOPTED
101 [61W1.1
2 14/200410/30/2007
FOOD STORE LICENSE - 1318 FILLMORE
(ITEM NO. 54, C.C.P., SEPT. 4, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections
Services be, and he hereby is authorized to grant a Food Store License to Abdulla Shuaibi, located at 1318 Fillmore
Avenue (Pike's Peak Market).
PASSED
AYES - 9 NOES -0
NO. 96
SECONDHAND DEALER- 175 OHIO STREET
(ITEM NO. 58, C.C.P., SEPT. 4, 2007)
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is
authorized to grant a Secondhand Dealer license to Ross Strawbrich d /b /a Buffalo Motor & Generator Corp. located at
175 Ohio Street.
PASSED
AYES - 9 NOES -0
NO. 97
D. BONIFACIO- CHANGE IN STREET DIRECTION POTOMAC AVE BETWEEN
RICHMOND & BAYNES AVE
(NO. 77, 9/4)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 98
M. KEARNS -T. MCCARTHY -HOOD INDUSTRIES
ENCHROACHMENT PROVIDENCE ST
(NO. 91, 9/4)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 99
P. ZLOTKOWSKI- LIMOUSINE DROP OFF AND PARKING AT HSBC ARENA
(NO. 75, 10/2)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 100
P. ZLOTKOWSKI- LIMOUSINE OPERATORS OF WNY REQ WHERE TO DROP OFF CUSTOMERS
(NO. 98, 9/4)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 101
R. FONTANA -EST POLICY FOR CITY TO TAKE TITLE TO
ANY PROPERTY NOT BID ON AT FORECLOSURE AUCTION
(CCP# 125, 5/1)
# 89,7/24
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 102
ESTABLISH A POLICY FOR CITY TO TAKE TITLE TO ANY PROPERTY
NOT BID ON AT FORECLOSURE AUCTION
(ASSESS /TAX) (CCP# 26, 6/12)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 103
ESTABLISH A POLICY FOR CITY TO TAKE TITLE TO ANY PROPERTY
NOT BID ON AT FORECLOSURE AUCTION
(ASSESS /TAX)
( #125, 5/1)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 104
D. SMITH -G. HOPKINS TAXICAB ORDINANCES AND THE
2 14/200410/30/2007
STRUCTURE OF TAXICABS
(# 95, 7/24)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 105
D. BONIFACIO, R. FONTANA -L MARSHALL - OPPOSE CITY
APPRENTICE PROGRAM LEGISLATION
(# 43, 7/10)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 106
D. BONIFACIO, R. FONTANA -D. ROETZER -- OPPOSE CITY
APPRENTICE PROGRAM LEGISLATION
(# 44, 7/10)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 107
NEW FEDERAL COURTHOUSE DISTRICT HEATING PROPOSAL(PW)
(# 31, 6/26)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 108
ORDINANCE AMENDMENT - CHAPTER 137 - CODE ENFORCEMENT
(ITEM NO. 157, C.C.P., MAR. 6, 2007)
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. 109
ORDINANCE AMENDMENT - CHAPTER T76 - FEES (PROPERTY MANAGERS)
(ITEM NO. 158, C.C.P., MAR. 6, 2007)
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. 110
ORDINANCE AMENDMENT - CHAPTER 265 - PROPERTY MANAGERS
(ITEM NO. 159, C.C.P., MAR. 6, 2007)
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. 111
BATTAGLIA TRUCKING INC. - TRANSFER STATION APPL.1037 -1066 SENECA ST.(PW)
(COM 16,05/15)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 112
R.FONTANA -BISON SCAFFOLD & MASON'S SUPPLY CO.- COMPLAINT -BFLO. TRANSFER STATION
(COM 56,05/15)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 113
IMPLEMENT TIGHTER RESTRICTIONS ON SECOND HAND DEALERS (EXC. I STRES)
(RES 98,05115)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 114
BRINGING CITY GOVT CLOSER TO OUR NEIGHBORHOODS BY EST.
NEIGHBORHOOD QUALITY OF LIFE CENTERS
(RES 130,04/17)
That the above item be the same and hereby is Referred to the Special Committee on
r! A vo.II_�_ _4 _9_i o09
Oct 30 2007M Voa- rr-4 -T>� 0W
2 14/200410/30/2007
Budget
ADOPTED
NO. 116
IMPLEMENTATION OF SMARTCODE IN COB (EXC.FIN.RES)
(RES 119,06/02)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 116
SIDEWALK CAFE LICENSE - 46 WEST CHIPPEWA
(ITEM NO. 38, C.C.P., MAY 1, 2007)
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 the same and is hereby Received and Filed
ADOPTED
SPECIAL COMMITTEE WATERFRONT DEVELOPMENT
(MICHAEL P. KEARNS, CHAIRPERSON)
NO. 117
M. KEARNS - WATERFRONT DEV IN RELATION TO MARINE DRIVE APTS
That the above item be the same and is hereby Received and Filed
ADOPTED
NO. 118
SUPPORT FOR WATERFRONT VILLAGE ADV. COUNCIL
(# 160,6 /17)(EXC. 1 ST RES)
That the above item be the same and is hereby Received and Filed
ADOPTED
NO. 119
M. KEARNS- ARTICLES RE "SCRAP THE SKYWAY" & " SMARTCODE WHITEPAPER"
(FBC)
That the above item be the same and is hereby Received and Filed
ADOPTED
NO. 120
M. LOCURTO- CASINO RULING COULD ELIMINATE PERKS
That the above item be the same and is hereby Received and Filed
ADOPTED
NO. 121
L. MECKLER - TRANSFERRING OUTER HARBOR LAND TO COB /EST. AMPHITHEATRE
ON OUTER HARBOR ( #61,6/1)
That the above item be the same and is hereby Received and Filed
ADOPTED
NO. 122
TRANSFERRING OUTER HARBOR LAND TO THE COB (EDPI)(#43,6 /16)
That the above item be the same and is hereby Received and Filed
ADOPTED
NO. 123
M. KEARNS -TRIP TO MILWAUKEE, WI & CHICAGO, IL
(*63,6112)
That the above item be the same and is hereby Received and Filed
ADOPTED
RESOLUTIONS
NO. 124
BY: MR. DAVIS
RE: ADAM'S MARK HOTEL SALE /REQUEST FOR RELEASE AND
CONSENT TO ASSIGNMENT OF PARKING
GARAGE RIGHTS /OBLIGATIONS.
WHEREAS, The City of Buffalo Office of Strategic Planning in conjunction with the City of Buffalo Department of
Economic Development, Permit & Inspection Services and the Department of Law have been in discussions with the
2 14/200410/30/2007
current owners /operators of the Adams Mark Hotel as well as with the proposed purchasers of the Adams Mark Hotel and
their respective attorneys relating to the pending sale of the Adam's Mark Hotel;
WHEREAS, Back in the late 1970's and the early 1980's when the hotel now known as the Adams Mark was being
planned and built, BURA, the City and the original hotel developer entered into a series of agreements involving a BURA
ground lease to the hotel developer for 99 years (the ground lease runs through the year 2077 at a yearly $52,360 rental
payable to BURA by the hotel owner), a sublease back to the City for the parking garage component only, and a parking
garag agreement between the City and the hotel developer under which the hotel developer or operator would operate
the parking garage and re -pay the City the cost of the City- financed parking garage construction ($20,444 per month until
the year 2023);
WHEREAS, In connection with the proposed sale of the hotel to W2007 MVP Buffalo, LLC ( "MVP "), the City is being
requested to give the City's formal consent and approval to allow the current hotel owner /operators to sell the hotel and to
assign their interests in the Adam's Mark Parking Garage Sublease and Agreement as well as their interests in the related
Parking Garage Agreement to MVP;
WHEREAS, The current hotel owners /operators and their parent company guarantor are also seeking the City's formal
consent to a Release from their obligations under the said agreements;
WHEREAS, It is also noted that the City of Buffalo Urban Renewal Agency (BUR.A), as ground lessor /owner of the land
beneath the hotel, has been approached with requests similar to those received by the City as to the pending sale of the
hotel;
WHEREAS, The details of the still evolving arrangements under discussion among the City, BURA and the current hotel
owners /operators and purchaser MVP are outlined in the attached revised discussion draft Term Sheet. Those
components of the Term Sheet which are applicable to BURA are being reviewed and or approved separately by the
BURA Board;
WHEREAS, Formal City approval and execution of the requested releases and the consents for the parking garage
matters is necessary in order for the hotel sale closing to proceed as scheduled for October 31, 2007;
WHEREAS, I am hereby requesting the formal consent and approval from the Common Council to have the Mayor or the
Executive Director of the City's Office of Strategic Planning execute releases and consents and estoppel certificates and
all such other documentation consistent with the intent of these actions and all of the foregoing as are in the opinion of the
Corporation Counsel's office necessary and sufficient to facilitate the sale of the hotel while at the same time protecting
the interests of the City;
NOW, THEREFORE, BE IT RESOLVED:
That the Common Council hereby consents to the foregoing requests and hereby authorizes execution and delivery of the
necessary documentation by the Mayor or the Executive Director of the City's Office of Strategic Planning subject to and
conditioned upon each of the following:
Amendment and or negotiation of the provisions of the Term Sheet and related agreements and documentation to form
and substance as is satisfactory to the Corporation Counsel, the City's Office of Strategic Planning and the City
Department of Economic Development, Permit & Inspection Services;
City's receiving adequate assurances of continued monthly payments of the $20,440.03 as called for in certain of the
above described agreements, such assurances having been preliminarily outlined in the attached Term Sheet, all said
assurances to be in form and substance as are fully satisfactory to the City's Office of Strategic Planning and the City
Department of Economic Development, Permit & Inspection Services in their sole discretion;
3. All such other conditions as are required by the Office of Strategic Planning, the City's
Law Department and or the City Department of Economic Development, Permit & Inspection Services.
PASSED
AYES - 9 NOES -0
NO. 126
BY: MR. FRANCZYK
APPOINTMENT TO BOARD OF ASSESSMENT
WHEREAS: The Commissioner of Assessment and Taxation has requested the appointment of two temporary board
members to the Board of Assessment Review;
NOW THEREFORE BE IT RESOLVED:
That the Common Council appoints Arthur Robinson of 192 Maurice Street, Buffalo, N.Y. 14210 as a temporary Board of
Assessment Review member for a period of one year. Mr. Robinson has a long, productive history of service on many city
boards, including the Citizens' Advisory Committee to the Capital Budget and citizen liaison to Buffalo City Housing Court.
ADOPTED
NO. 126
BY: MESSERS FRANCZYK, KEARNS, FONTANA AND ALL COUNCIL MEMBERS
OPPOSE FEMA PLAN INCLUDING OLD 1 ST WARD IN FLOODPLAIN
WHEREAS: The Federal Emergency Management Agency (FEMA) is proposing a preliminary map which puts the Old
First Ward in the100 -year flood plain; and,
WHEREAS: The inclusion of the Old First Ward into the 100 -year floodplain would have an extremely negative impact on
some property owners in the Ward, who might be forced by FEMA to buy expensive flood insurance. According to FEMA
regulations, property owners who currently hold federally backed mortgages or home improvement loans on properties
located in designated floodplains are required to purchase flood insurance policies on their property; and,
WHEREAS: Any lender may, as part of their of their standard business practices, require flood insurance as a conditions
of any loan; and,
WHEREAS: It is in the interest of the City of Buffalo to aggressively challenge the FEMA findings in order to prevent the
Old First Ward's designation into the 100 -year flood plain; and,
2 14/200410/30/2007
WHEREAS: The City of Buffalo has contracted with the URS company to analyze the data and methodology utilized by
FEMA and the New York State Department of Environmental Conservation (DEC) in calculating the flood zone; and,
WHEREAS: It is hoped the URS study will result in a showing of flawed results or methodology which would eliminate the
Old First Ward and other affected areas in South Buffalo and Kaisertown from the 100 -year floodplain; and,
WHEREAS: FEMA results reportedly suggest that the LIDAR airborne surveying technology used to calculate land
elevation in the Old First Ward pushes the neighborhood into the 100 -year flood plain by a mere fraction of a percentage
point; and,
WHEREAS: The Old First Ward was previously in a 500 -year flood plain, which has no adverse impact on property
owners, but FEMA's recent 580.08 elevation reading puts the Old First Ward at just below the flood plain free rating of
581;
NOW THEREFORE BE IT RESOLVED:
That the Common Council is opposed to the inclusion of the Old First Ward, in the 100 -year floodplain
map, which would cause great hardship for property owners, as well as stifle economic development on
Buffalo's waterfront, which is on the cusp of true revitalization
BE IT FUTHER RESOLVED:
That FEMA re- examine its methodology as an opportunity to reject the preliminary map putting the Old First Ward into the
100 -Year Flood Plain;
BE IT FURTHER RESOLVED:
That the Common Council is appealing to FEMA to revoke its designation of the Old First Ward as a 100 -Year Flood
Plain;
BE IT FURTHER RESOLVED:
That the Brown Administration be requested to outline its strategy and efforts to remove the Old First Ward from the 100 -
year FEMA floodplain map during the FEMA allowed preliminary food map Appeal Period beginning November 1, 2007;
BE IT FURTHER RESOLVED:
That our federal delegation which has effectively challenged the FEMA floodplain designation in South Buffalo and
Kaisertown be requested to aggressively work to prevent the Old First Ward from being included in the permanent
adopted 100 -year floodplain map;
BE IT FINALLY RESOLVED: That copies of this resolution be forward to United States Senators Charles Schumer and
Hillary Clinton, Reps. Brian Higgins and Louise Slaughter, New York State Senator William Stachowski and Mark
Schroeder, FEMA and the DEC.
ADOPT 1 sT 2 ND 3 RD 41H AND 6 RES. THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 127
SPONSOR: MRS. RUSSELL AND MR. SMITH
A THIRD -PARTY NOTIFICATION REQUIREMENT
Whereas: Various organizations serve as operators and managers of City owned facilities that are used to provide
community related services to local residents and taxpayers; and
Whereas: Many of these same operators and managers are responsible for paying the cost of the facilities utilities,
either directly to their energy provider or to the City as part of a City -wide bulk - purchase buying arrangement; and
Whereas: From time to time and due to escalating program costs and limited funding, these operators and managers
may find themselves deficient in their ability to pay their energy and utility related costs; and
Whereas: Many energy providers offer a third -party notification program that allows the subscriber to designate a third
party to whom notice will be given whenever subscriber's account relationship is in arrears; and
Whereas: It would be in the best interests of the City to have immediate knowledge of a City facility operator or
managers inability to pay their respective utility costs and the potential for discontinuation of service at such facilities; and
Whereas: Inclusion of a clause in all City Contracts for the operation or management of City facilities would better
enable the City to react to utility payment deficiencies and to deal with the potential inconvenience to facility users and /or
harm to the structures themselves resulting from the related loss of utility service.
Now Therefore Be It Resolved:
That this Common Council hereby requests the Law Department to review all City
Contracts and Agreements for the operation and management of City facilities and ensure that a third -party notification
clause is included therein, and in those cases that such a requirement is not contained in the respective terms, that an
addendum be negotiated to require such notification.
And Be It Further Resolved:
That the Cit�r Law Department report back to this Common Council upon the completion of this directive stated above.
ADOPT 1 RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE
NO. 128
BY: MRS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
65 - ECONOMIC DEVELOPMENT, PERMITS & INSPECTION SERVICES
1150 - HOUSING & INSPECTION
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 65 Economic Development, Permits & Inspections, 1150 -
Housing & Inspection which currently reads:
0 Boiler Inspector $35,378 - $42,289
41 Building Inspector $39,499 - $45,696
Is hereby amended to read:
1 Boiler Inspector $35,378 - $42,289
2 14/200410/30/2007
43 Building Inspector $39,499 - $45,696
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
RICHARD M. TOBE, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES AND
DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, 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. 129
BY: MRS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
01 — LEGISLATIVE
1010 — COUNCILMEMBER #9
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 01 - Legislative- 1010 - Councilmember #
9 which currently reads:
2 Legislative Assistant $34,631
Is hereby amended to read:
1 Senior Legislative Assistant $39,003
1 Legislative Aide $30,258
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
Gerald A. Chwalinski, City Clerk and Donna J. Estrich, Director of Budget, Administration and Finance, 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. 130
BY: MRS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
66 - ECONOMIC DEVELOPMENT, PERMITS & INSPECTION SERVICES
1160 - HOUSING & INSPECTION
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 65 Economic Development, Permits &
Inspections,
1150- Housing & Inspection which currently reads:
2 Chief Building Inspector $43,929 - $50,802
Is hereby amended to read:
3 Chief Building Inspector $43,929 - $50,802
From 16550006 — 480000 Other Services $32,000
To: 16550001 — 411001 Salary $32,000
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
RICHARD M. TOBE, COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMIT & INSPECTION SERVICES AND
DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, 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. 131
BY: DEMONE A SMITH
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008,
2 14/200410/30/2007
conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Louis Vacanti Yvonne Reid Rosemary Mathieson
Diana Cihak
Total: 4
ADOPTED
BY: DEMONE A SMITH
NO. 132
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, 2008,
conditional upon the persons so appointed certifying under oath to their qualifications are filing same with the City of
Buffalo
Kristen McHugh Joyce DiChristina John Mikulik
Yuri Hreshchyshyn Susan Burton Linda Stankowski
Jennifer Holquin Lisa Keane
Total 8
ADPOTED
NO. 133
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 Wednesday, November 7, 2007 at 9:45 o'clock A.M.
Committee on Finance Wednesday, November 7, 2007 at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Wednesday, November 7, 2007 at 1:00 o'clock P.M.
Committee on Legislation Wednesday, November 7, 2007 at 2:00 o'clock P.M.
Special Committees
Special committee on Waterfront Development Wednesday, Nov 7, 2007 at 5:00 o'clock PM
(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. 134
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:00 P.M.
GERALD CHWALINSKI
CITY CLERK