HomeMy WebLinkAbout08-1028-1016pp (2)No. 20
PROCEEDINGS
OF THE
CITY OF BUFFALO
October 28, 2008
PENSION PROCEEDINGS
OCTOBER 16, 2008
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
DAVID A. FRANCZYK
PRESIDENT PRO TEMPORE
SOUTH DISTRICT
MICHAEL P. KEARNS
MAJORITY LEADER
LOVEJOY DISTRICT
RICHARD A. FONTANA
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS — ELLICOTT
DEMONE A. SMITH — MASTEN
MICHAEL J. LO CURTO — DELAWARE
JOSEPH GOLOMBEK JR. — NORTH
DAVID A. RIVERA- NIAGARA
BONNIE C. RUSSELL
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera,
Joseph Golombek Jr. - Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell - Members
COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek Jr.,
David A. Rivera. Demone Smith - Members
FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera,
Bonnie E. Russell - Members.
LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana,
Michael LoCurto, David Rivera - Members.
RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members
EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana,
Joseph Golombek, Jr, David A. Rivera, Members
POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone Smith — Members
PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A. Rivera - Members
WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, Jr,
David A.Rivera, members
INVOCATION PLEDGE TO FLAG DATE October 28, 2008
FINAL
MAYOR - EXECUTIVE
1. Strat Plan- Abandonment and Sale -115 Woltz(Fill)
APP
2. Strat Plan -Perm to Designate Redeveloper -1086 Broadway(Fill)
APP
3. Strat Plan- Redeveloper Designation -1086 Broadway(Fill)
R &F
COMPTROLLER
4. Certificate of Necessity - Capital Projects
R &F
ASSESSMENT
5. Dissolution of Bailey Amherst District Mngt Assoc
LEG
PUBLIC
WORKS
6. Bflo Zoological Society -Req Sign -Off of Grant From NYS($400,000)
APP
7. Change in Contract Centennial Pool Alterations(Ell)
APP
8. Extension of Time On Contract - Bailey /Genesee Fire Station(Lov)
APP
9. Grass Cutting Invoice Transfers
APP
10. NY Route 33 Pedestrian Bridge Lighting
R &F
11. Ohio St Lift Bridge Deck Repair Contract(Fill)
APP
12. Perm to Enter Agmt W/ NYSDOT Genesee St Reconstruction(Lov)
APP
13. Appt Truck Driver (Prov) (Max) (Buscaglia)
CS
14. Appt Truck Driver (Prov) (Inter) (Reed)
CS
POLICE
15. Change Order - Citywide Surveillance Camera Project
APP
16. Drug Asset Forfeiture Wire Transfers
R &F
FIRE
17. Appt Division Chief(Perm)(Max)(Mogavero)
CS
18. Appt Battalion Chief(Perm)(Max)(Hillery, Kertzie, Keohane)
CS
19. Appt Captain (Perm)(Max)(Bossi, Reid, Stauffiger, Lotocki, Morganti, Peterson,
Burke, Flaherty, Graham, Egloff, Meldrum, Murphy)
CS
20. Appt Lieutenant(Perm)(Max)(Szalay, Higgins, Rapp, Barrett, Dickinson, Donovan,
Lauber, Bland, Bless, Bourgeois, Blake, George, Krasinski, Robertson,
Breski, Ray, Majtyka - Hartman, Mendola)
CS
CORPORATION
COUNSEL
21. Appt Assistant Corporation Counsel I(Temp)(Min)(Bell)
CS
22. Appt Assistant Corporation Counsel II(Temp)(Inter)(Chambers)
CS
PERMITS
AND INSPECTIONS
23. Food Store License -900 Main St(Nia)
APP
24-
23A Food Store License -490 Connecticut (Niagara)
LEG
25-
24. Restaurant Dance Class I & II -88 W. Chippewa (Ell)
APP W /COND
26-
25. Restaurant Dance Class -483 Delaware (Ell)
APP W /COND
27-
26. Second Hand Dealer -283 W. Ferry (Nia)
LEG
28-
27. Sidewalk Cafe License -3148 Main (Univ)
DENY
29-
28. Wholesale Junk Dealer -40 Hopkins (South)
LEG
CITY CLERK
30-
29. Liquor License Applications
R &F
31-
30. Leaves of Absence
R &F
32-
31. Notices of Appointment - Seasonal
R &F
33-
32. Notices of Appointments- Temp /Prov /Perm
CS
MISCELLANEOUS
34-
33. D. Adams -Legal Aid Monthly Report September 2008
R &F
35-
33A. L Griffis- Waterfront Art
W /FRONT
36-
34. J. Hague -April Update on Illegal Yard Signs 300 Linwood Ave
LEG,CC,EDPI
37-
34A. K. Lynch - Foreclosure Study
CD
38-
35. C. Michener- Request No Parking Sign Oschawa Ave
LEG, PW
39-
36. Req Legal Ruling Re Hazardous Condition of Properties Owned By PBA(Busti)
LEG,EDPI
40-
37. M. Romanowski- Notice of Completion /Notice of Hrg Bflo Nia Med Campus
North End Development
LEG
41-
38. R. Wolfgang -D. Franczyk -Fifth PEG Access Channel
LEG
PETITIONS
42-
39. J. Persico, Owner, Rezone 11 West Northrup From a (CM)Commercial to a (R2)
Dwelling District(Univ)(hrg 11/12) LEG,CPBD,ZONING
RESOLUTIONS
69-
39A Fontana,etc Agree to Maintain, Repair and Energize Hwy Lighting System
Pedestrian Bridge -Route 33
APP
70-
39B Fontana Waive Constr Fees & Contractor License Fees for Habitat for
Humanity Buffalo for 2009
APP
71-
40. Franczyk Req for Audit of the Recapture of City Assets on the Termination
of the Broadway Market Mngt Agreement ADOPT 1 ST RES REM TO FIN
72-
41. Franczyk Req for Status Update -EC Intention to Terminate the Intermunicipal
Agmt to Operate & Maint COB Parklands ADOPT 1 "'
REM TO FIN
73-
42. Kearns Transfer of Funds - Capital Projects
APP
74-
42A. LoCurto, etc Waive Bldg Permit and Planning Board Fees for the Bflo Zoo
APP
75-
42B Rivera, etc Ord Amendment -Ch 431 Tax Preparers - Regulation Thereof
LEG
76-
43. Russell Main St Reconstruction Project -Phase I- Hertel Ave to Bailey Ave
APP
77-
43A Russell Ord Amendment -Ch 264 Rental Dwelling Unit Registration
LEG
78-
44. Smith Comm of Deeds
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
8. No 36
CLAIMS
PERSONAL INJURY
43- A 1 Cyril and Walter Clark $ 3,500.00 APP
APP W /COND
A 2 Mary Woods $ 18,500.00 APP
9. No 37
A 3 James and Lannie Curry $225,000.00
A 4 Amanda DiFrancesco $ 12,500.00 APP
58-
A 5 Cornelius Johnson
$ 2,000.00 APP
A 6 Rebecca Ross $ 10,000.00 APP
A 7 Darryl C. Watkins $ 27,000.00 APP
(North)(EDPI)
A 8 Joseph P. Busch $ 5,000.00 APP
59-
A 9 Dianna Brooks $ 5,000.00 APP
Oct 14 Lodging House License 557 Potomac Ave (Re- submitted)
A10 Mary Waterman $ 5,000.00 APP
A 11 Janee Washington
$ 5,000.00 APP
A 12 Maurice Walker $ 24,000.00 APP
60-
A 13 James Rosebrough
$ 12,000.00 APP
A 14 Philip Schneider v. Aero Transporters, Inc., City of Buffalo
$ 10,000.00 APP
A 15 Christine Lauer $ 90,000.00 APP
Oct 14 Urging Verizon to Prioritize the COB for ROS TV Deployment
PROPERTY DAMAGE
62-
44- B 1 Jeanine Balys $ 133.00 APP
Oct 14 Second Hand Dealer -2222 Genesee (Lov)(EDPI)(37,9 /30)
B 2 Jacqueline Barnett
$ 500.00 APP
B 3 Kenneth Chambers
$ 9,120.00 APP
B 4 Raymond Dalton $ 200.00 APP
B 5 Lillian Fowler $ 3,139.81 APP
B 6 David Gilmour $ 499.60 APP
B 7 Carol Hangen $ 50.00 APP
B 8 Susan Itzenplitz $ 106.03 APP
B 9 Lawrence Kordasiewicz $ 189.81 APP
B 10 Jammie Meldrum $ 8,004.53 APP
B 11 Donald Palmer $ 170.40 APP
B 12 Latorre Pitts $ 776.05 APP
B 13 Mary Ann Snyder $ 217.46 APP
B 14 State Farm a /s /o Grocery Delivery Service, Inc.
v City of Buffalo, et. al $ 3,187.26 APP
B 15 Travelers Insurance a /s /o Kim Galbo
$ 1,456.47 APP
B 16 Jean Ann Pfohl $ 3,500.00 APP
B 17 Robert Roche $ 717.75 APP
MISCELLANEOUS INVOICES
45- C 1 ABG Associates
$ 14,156.60 APP
C 2 American Rated Cable & Communications
$ 130.00 APP
C 3 Chudy Paper Company $ 60.00 APP
C 4 Colgate Heating Corp $ 3,983.77 APP
C 5 Hills Per Nutrition $ 138.25 APP
C 6 Krista Gottlieb $ 517.99 APP
C 7 Linstar Inc, $ 390.93 APP
C 8 MJ Mechanical $ 3,439.10 APP
46- C 9 NYS Industries for Disabled $ 47,992.67 RECOMMIT
47- C10 Parkside Press $ 32.00 APP
C 11 RP Mechanical $ 3 APP
C 12 R S Lang Enterprises $ 554.37 APP
C 13 Safety -Kleen Corp
$ 586.00 APP
C 14 STS Trailer & Truck Equipment
$ 95.55 APP
MISCELLANEOUS REIMBURSEMENT
48- D 1 William Ford $ 209.74 APP
D 2 New York Environmental Protection and Spill Compensation
Fund Claim -513 Sycamore St
$200,000.00 APP
D 3 Linda Weiglein $ 246.82 APP
CIVIL SERVICE
49- 1. Com 27 Oct 14 Notices of Appointments- Temp /Prov /Perm(Cty Clk)
R &F
FINANCE
50- 2. Com 7 Oct 14 Audit Report -Gun Buy Back Program 9/27/08 (Comps
R &F
51- 3. Com 14 Sept 30 Audit Report- Bailey/Amherst District Mngt Assoc (Univ)(Compt
R &F
COMMUNITY DEVELOPMENT
52- 4. Res 63 Oct 14 Approval to Transfer Two Homes in Sycamore Village
Subdivision (hrg 10/28)
APP
53- 5. Com 6 Oct 14 Approval to Transfer 2 Homes Sycamore Village
Subdivision(Mayor)
R &F
54- 6. Com 10 Sept 30 Abandonment Sale of Easterly Dead End Portion of Carroll St(Fill)(Strat
Plan)
APP
55- 7. No 46 Sept 16 B. Davis -G. Ruiz - Acquiring Corner Lot on Virginia & Prospect St(Ell)
R &F
LEGISLATION
56-
8. No 36
Oct 14 S. Marchione, Agent, Use 2022 Seneca St, Outdoor Cafe
(South)(Hrg 10/21)
APP W /COND
57-
9. No 37
Oct 14 M. Oberst, Agent, Use 807 Clinton St for a HSF(Fill)(no pub hrg)
R &F
58-
10. Com 17
Oct 14 Lodging House License 194 Chadduck (Re- submitted)
(North)(EDPI)
RECOMMIT
59-
11. Com 18
Oct 14 Lodging House License 557 Potomac Ave (Re- submitted)
(North)(EDPI)
RECOMMIT
60-
12. Com 19
Oct 14 Restaurant Dance -483 Delaware (EII)(EDPI)
R &F
61-
13. Res 68
Oct 14 Urging Verizon to Prioritize the COB for ROS TV Deployment
ADOPT
62-
14. No 54
Oct 14 Second Hand Dealer -2222 Genesee (Lov)(EDPI)(37,9 /30)
APP
63-
15. Com 27
Sept 30Food Store License -465 Best (EII)(EDPI)
APP
64-
16. No 62
Sept 30 D. Smith - Request Establishing & Chairing Parks Advisory Committee
RECOMMIT
65- 17. No 80
Sept 30Recommendations -Four Applications for Landmark Sites (Pres Bd)( Hrg 9/23)
( #3, 9 /2)(Heath House & Elmwood Park(fmr school 46 at 389 Virginia)
APP
66-
18. No 121
Sept 16 R. Stanton - Proposed Improvements 481 -483 Delaware(Ell)
( #48,6/24)( #101,7/8)( #22,7/30)( #120,7/22)
R &F
67-
19. Com 14
Sept 2 Notif Serials 10240 -10243 (EII)(PW)
R &F
68-
20. Com 42
Sept 2 Lodging House License -120 Church (EII)(EDPI)
APP
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, OCTOBER 28, 2008
AT 2:00 P.M.
Present - David A. Franczyk, President of the Council, and Councilmembers: Davis Fontana, Golombek, Kearns, LoCurto & Rivera,
Russell & Smith - 9
Absent - 0
On a motion by Mr. Fontana, Seconded by Mr.Kearns , the minutes of the stated meeting held on October 14, 2008 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO 1
STRAT PLAN - ABANDONMENT AND SALE OF 115 WOLTZ
FORMER ULINSKI COMMUNITY CENTER
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 115 Woltz (former Ulinski
Community Center) from Mohammad Rahhan representing Crescent Village Community Development Center, Inc.
The Crescent Village Community Development Center, Inc. intends to acquire the former community center for cultural,
social, religious, adult and child educational programs. They have submitted cost estimates to rehabilitate the property in the amount of
$6,800.00 and proof of financing in the amount of $65,800.00 to cover the cost of purchase and rehabilitation.
The Ulinski Center consists of a 3,030 sq. ft., one story masonry building, situated on a lot 59'x 108'. The building is in fair
condition. The Ulinski Center was closed in May of 2006.
Should Your Honorable Body approve their request, the Division of Real Estate will conduct the sale of the property in
accordance with Article 27 -5 of the City Charter -Sale by Appraisal. The results of our negotiations will be filed with the Common
Council for final approval.
I am recommending that Your Honorable Body authorize the Office of Strategic Planning, Division of Real Estate to negotiate
the sale of 115 Woltz to Crescent Village Community Development Center, Inc. in accordance with Article 27 -5 of the City Charter -
Sale by Appraisal and file the results of negotiations with the Common Council for final approval.
Mr. Fontana moved:
That the above communication from the Department of Strategic Planning dated October 20, 2008, be received and filed; and
That the City of Buffalo does hereby abandon 115 Woltz and authorizes the City to sell such property pursuant to Article 27, Section 27 -5
of the Charter of the City of Buffalo; and
That the Director of Real Estate negotiate with Mohammad Rahhan, on behalf of Crescent Village Community Development Center,
Inc., for the purchase of 115 Woltz; and
That the Director of Real Estate report back to the Common Council with the results of negotiations for final approval.
PASSED
AYES -9 NOES -0
NO2
PERMISSION TO DESIGNATE REDEVELOPER
MUHAMMAD MOSQUE #23
1086 BROADWAY (FORMER FRONCZAK LIBRARY)
The Office of Strategic Planning, Division of Real Estate has received a second request to acquire 1086 Broadway, former Fronczak
Library. The first request filed with the Common Council (Tabled Item No. 10 - CD) has been withdrawn by Southwest Key. This
request is from Muhammad Mosque #23 which is a not - for - profit religious organization that provides relief to the needy and distressed
residents of the City of Buffalo for the well being and betterment of the community through comprehensive community action programs.
The primary purpose and use of the facility by the mosque Js to provide a place of worship for the organization. Approximately 2500 sq.
ft, of the facility will be used to conduct religious services, approximately 950 sq. ft, will be utilized as a computer workshop,
approximately 800 sq. ft, will be used as a food bank that will provide food to the needy in the community, and approximately 1500 sq. ft,
will be used for Sunday and Summer School for its members and neighboring community members. Total project costs are estimated
at $198,000.00.
1 therefore respectfully request that Your Honorable Body designate Muhammad Mosque #23 and or corporation, partnership, or
other legal entity to be formed as Redeveloper of the subject property for a period of six months subject to the following conditions:
a. Submission by the Redeveloper of a detailed site plan for approval by the City of Buffalo Planning Board and construction plans,
including landscaping, for approval by the City.
b. Submission of a colored rendering of the property suitable for presentation to the City Common Council which shall be submitted
prior to the Common Council approval of LDA.
c. Submission by the Redeveloper of evidence of equity capital and mortgage financing necessary for the completion of the project
which shall be submitted prior to closing.
d. Payment of a designation fee of One Thousand Dollars ($1,000.00) per month by Redeveloper to the City, payable within five (5)
days from the date of designation and due thereafter the first day of every month. In the event Redeveloper shall exercise its option to
acquire said property pursuant to the Land Disposition Agreement (LDA) to be negotiated by Redeveloper and the City, said option fee
shall be applied as a credit towards the purchase price. In the event Redeveloper shall not proceed with the redevelopment of the
property within the designation period, Redeveloper shall forfeit all monies paid on account and the City shall retain all such monies.
e. Redeveloper is responsible for performing any soil borings and soil investigations, as per a license agreement to be granted by the
City, for the purpose of determining, to developer's satisfaction, the suitability of the site for its intended use, and the presence or
absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended (C.ER.C.LA) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC
ss 1801 et seq.: The Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.: Articles 15 and 27 of the New
York State Environmental Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance,
procedure, interpretation, decision, order, or directive, whether existing as of the date hereof, previously enforced or subsequently
enacted.
f. The successful negotiation of a Land Disposition Agreement for approval by the Common Council by no later than six months from
the date the Common Council approves the designation.
g. Upon signing of LDA, payment by the Redeveloper to the City of a non - refundable deposit, in the amount of ten percent (10 %) of the
agreed to selling price.
h. Individuals and or corporations having outstanding taxes, water bills, parking tickets, user fee and /or demolition liens or any other
liens owned to the City of Buffalo, or if code violations exist on any property owned by them they are ineligible for designation.
The City of Buffalo may terminate this designation should the Redeveloper fail to meet any of the deadlines set forth above. Should
the City elect to terminate this designation on or before the end of the designation period for failure to meet a timely deadline, the City
will first allow the Redeveloper two (2) weeks to cure by written notice.
This designation will expire six (6) months from the date the Common Council approves the designation.
I am requesting that your Honorable Body approve the designation of Muhammad Mosque #23 as the Redeveloper of 1086
Broadway upon the above terms and conditions; authorize the Executive Director of the Office of Strategic Planning to prepare the
necessary agreements for the redevelopment of 1086 Broadway, and forward to the Common Council for final approval of the land
disposition for the transfer of title.
Mr. Fontana moved:
That the above communication from the Department of Strategic Planning dated October 15, 2008, be received and flied; and
That the Common Council does hereby designate Muhammad Mosque #23 and /or corporation, partnership, or other legal entity to be
formed as the qualified and eligible Redeveloper of 1086 Broadway for a period of six (6) months subject to the terms and conditions as
listed in the above communication. That the Executive Director of the Office of Strategic Planning be authorized to prepare the
necessary agreements for the redevelopment of 1086 Broadway, and forward to the Common Council for final approval of the land
disposition for the transfer of title.
PASSED
AYES -9 NOES -0
NO3
REDEVELOPER DESIGNATION - 1086 BROADWAY SOUTHWEST KEY
The Office of Strategic Planning has been informed that Southwest Key has withdrawn their request to be designated as the developer
of 1086 Broadway. I am therefore requesting that your Honorable Body receive and file the above referenced item.
RECEIVED AND FILED
a : ri & I:I=11115fi eLril 21:1*]444:1
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
N06
DISSOLUTION OF BAILEY AMHERST DISTRICT MANAGEMENT ASSOCIATION
The above adopted resolution was referred to the Department of Assessment and Taxation directing this office to prepare a report of
the funds currently collected by the City on behalf of the Bailey Amherst District Management Association (BADMA).
Please be advised that no charges were levied against any property in the Bailey Amherst District Management Association (BADMA)
for the 2008 -2009 fiscal year since no agreement existed between the City and the District and no budget was submitted by the
Association for approval of the Common Counsel.
Regarding funds already collected in the City's possession and any outstanding invoices, all of that information is maintained through
the Comptroller's Office. This office merely served as the source for identifying the parcels within the District and their respective
assessed values for computation of the individual annual charges.
In order to comply with the directive of the Common Council this office requested this data from Accounting and we have been advised
that the figures are being prepared by Audit and Control for submission to the Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
N06
BFLO ZOOLOGICAL SOCIETY -REQ SIGN -OFF OF GRANT FROM NYS ($400,000)
Buffalo Zoological Society of Buffalo, Inc. (the "Zoological Society ") seeks City of Buffalo's sign -off and certain agreements with regard to
a $400,000 Grant to the Zoological Society from New York State Offices of Parks, Recreation and Historic Preservation (Environmental
Protection Fund) for a Zoo Improvements Project
PRIOR COUNCIL REERENCE: CCP item 106, May 15, 2007 (Resolution in support of Zoological Society's initial grant application)
The Zoological Society is planning to build /create and /or rebuild a historic farm from the mid 1800's as part of an overall plan
of Children's Zoo Improvements. The New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection
Fund) has approved $400,000 in grant funding to be utilized for the improvements.
N04
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
CAPITAL PROJECTS
We, Byron W. Brown, Mayor and Andrew A. SanFilippo,
Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that the sum
of $156,977.50 be transferred and reappropriated in
Capital Improvements. The details of the requirements are set forth below:
From:
30058606 - 445100 CONS E/S TFR STN
$156,977.50
To:
30000106 - 445100 Planning Capital Projects
$156,977.50
From:
30000106 - 445100 Planning Capital Projects
$156,977.50
To:
31310406 -445100 CM/ Infrastructure RPR &RPL
$156,977.50
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
N06
DISSOLUTION OF BAILEY AMHERST DISTRICT MANAGEMENT ASSOCIATION
The above adopted resolution was referred to the Department of Assessment and Taxation directing this office to prepare a report of
the funds currently collected by the City on behalf of the Bailey Amherst District Management Association (BADMA).
Please be advised that no charges were levied against any property in the Bailey Amherst District Management Association (BADMA)
for the 2008 -2009 fiscal year since no agreement existed between the City and the District and no budget was submitted by the
Association for approval of the Common Counsel.
Regarding funds already collected in the City's possession and any outstanding invoices, all of that information is maintained through
the Comptroller's Office. This office merely served as the source for identifying the parcels within the District and their respective
assessed values for computation of the individual annual charges.
In order to comply with the directive of the Common Council this office requested this data from Accounting and we have been advised
that the figures are being prepared by Audit and Control for submission to the Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
N06
BFLO ZOOLOGICAL SOCIETY -REQ SIGN -OFF OF GRANT FROM NYS ($400,000)
Buffalo Zoological Society of Buffalo, Inc. (the "Zoological Society ") seeks City of Buffalo's sign -off and certain agreements with regard to
a $400,000 Grant to the Zoological Society from New York State Offices of Parks, Recreation and Historic Preservation (Environmental
Protection Fund) for a Zoo Improvements Project
PRIOR COUNCIL REERENCE: CCP item 106, May 15, 2007 (Resolution in support of Zoological Society's initial grant application)
The Zoological Society is planning to build /create and /or rebuild a historic farm from the mid 1800's as part of an overall plan
of Children's Zoo Improvements. The New York State Offices of Parks, Recreation and Historic Preservation (Environmental Protection
Fund) has approved $400,000 in grant funding to be utilized for the improvements.
Because the Zoo is located on City -owned property, one of the conditions to the grant funding is a City of Buffalo Agreement
under which the City of Buffalo agrees that the Zoo property improved with the grant funding will not, without prior consent of the State,
be sold, leased or otherwise conveyed by the City for use for other than park purposes. City is not required to "up- front" or provide any
funding in connection with this grant.
For your reference and further background information about the $400,000 grant funding and related Zoo improvements
project, I have attached the relevant grant application documents as well as the Agreement which the City of Buffalo is being requested
to sign -off on.
I am requesting that your Honorable Body authorize the Mayor to execute the attached Agreement and further that your
Honorable Body authorize the Mayor and /or other City personnel to enter into such agreements and other appropriate arrangements and
to take all such steps and actions as shall be necessary to facilitate the $400,000 State grant funding for the subject Zoo improvements
project.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008, be received and
filed; and
That the Mayor and other authorized City personnel hereby authorized to execute the attached Buffalo Zoological Society of Buffalo, Inc.
Agreement and to enter into such agreements and other appropriate arrangements and to take all such steps and actions as shall be
necessary to facilitate the $400,000 New York State Offices of Parks, Recreation and Historic Preservation grant funding for the
Children's Zoo Improvements.
PASSED
AYES -9 NOES -0
N07
CHANGE IN CONTRACT CENTENNIAL POOL ALTERATIONS
JOB #0835 ELLICOTT DISTRICT
I hereby submit to Your Honorable Body the following changes for Centennial Pool, Alterations, Hamilton, Houston, Lownie Architects,
C #92011190.
1. Additional services required for additional sets of bid Add $788.50
documents and drawings.
The foregoing change results in a net increase in the contract of Seven Hundred Eighty Eight and 50/100 Dollars (788.50)
Summary: Original Contract Amount $49,900.00
Change Order #1 Add $10.000.00
Change Order #2 Add $96,500.00
Change Order #3 Add $ 2,500.00
Amount of This Change Order ( #4) Add $ 788.50
Revised Contract Amount $159,688.50
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this
work are available in 39400206 445100 - Division of Buildings.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and
Streets dated October 21, 2008, be received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4, to Hamilton,
Houston, Lownie Architects, an increase in the amount of $788.50, as more fully described in the above communication, for work
relating to Job # 0835, Centennial Pool, Alterations, C #92011190. Funds for this project are available in 39400206 445100 - Division of
Buildings.
PASSED
AYES -9 NOES -0
N08
EXTENSION OF TIME ON CONTRACT BAILEY GENESEE FIRE STATION CONSTRUCTION
JOB #0674 LOVEJOY DISTRICT
In accordance with the terms of the contract between the City of Buffalo and the following contractor, the general construction work on
the above project should have been completed by December 2008.
Due to pending demolition of adjacent house and possible revisions to the retaining wall, fencing and parking lot size and grading plan,
along with relocation of site electrical and removal of unsuitable soil, the contractor has not yet been able to complete certain portions of
their work.
This is the first extension of time on this project.
I have granted a no cost extension of time to June 30, 2009 for the following contractor:
C #93000104 Rodems Construction Co, Inc.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to grant a no -cost extension of time until
June 30, 2009, to Rodems Construction Co., Inc. for Bailey Genesee Fire Station Construction, Job #0674, C #93000104, as more
fully described in the above communication.
PASSED
AYES -9 NOES -0
N09
GRASS CUTTING INVOICE TRANSFERS
In accordance with Chapter 341, Article I of the City Ordinance, I am herewith attaching a list of parcels of land in the City of Buffalo,
owners or persons having charge of such lands and the cost of cutting grass and weeds on these properties by the Department of
Public Works, Parks & Streets, Division of Streets during the months of August 2007 and June, 2008 to July 2008.
The Department of Public Works, Parks & Streets, Division of Streets is requesting that the following invoices be abated from
miscellaneous accounts receivable and that the Commissioner of Assessment & Taxation places the charge(s) on the Local tax rolls.
$ 230.00 — Total 2008
$11,130.00 — Total 2009
$11,360.00 — Grand Total
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to abate the invoices, as attached to the
communication, from miscellaneous accounts receivable and that the Commissioner of Assessment and Taxation places the charges
on the Local tax rolls.
PASSED
AYES -9 NOES -0
NO 10
NY ROUTE 33 PEDESTRIAN BRIDGE LIGHTING
The New York State Department of Transportation ( NYSDOT) is in the process of replacing a pedestrian bridge over Route 33, the
Kensington Expressway. As part of the project, NYSDOT is proposing to install lighting along the approaches of said pedestrian bridge.
The city would be responsible for the maintenance, repair and energizing of the lighting system.
NYSDOT requires a Common Council Resolution (sample copy attached) agreeing to these terms. Upon filing of the resolution, the city
will enter into a formal agreement with NYSDOT. The Department of Public Works, Parks and Streets has reviewed this proposal and
has no objection. All information has also been forwarded to the law department for review and approval.
RECEIVED AND FILED
NO 11
OHIO STREET LIFT BRIDGE REPLACEMENT OF THE SOUTH
APPROACH SPAN DECK REPAIR CONTRACT
I have advertised on October 8, 2008 and received bids on October 22, 2008 for the Ohio Street Lift Bridge Deck Repair Contract. In
obtaining bids for the above project, I have asked for bids on a unit price basis covering the various items of work and material which
will be performed. The final cost of the work will be based on the actual measured quantities of material entering into the work and may
be more or less than the total bid.
The following bids were received:
Contractor Base Bid Total Award
UCC Construction
105 Center Rd., P.O. Box 648 $197,650.00 $217,415.00
West Seneca, NY 14224
Donald J. Braasch, Inc.
1661 Lakeview Rd. $232,200.00 $255,420.00"
Lakeview, NY 14085
Oakgrove Construction
P.O. Box 103 $237,237.00 $260,960.70
Elma, NY 14059
"Insufficient Bonds
I hereby certify that the lowest responsible bidder for the above project is UCC Construction and respectfully recommend that your
Honorable Body order the work and the cost thereof to be charged to Account 313 10606 - 445100 in an amount not to exceed
$197 650, plus a 10% unit price increase for an additional amount of $19,765.00 for a total award of $217 415.00.
The Engineer's Estimate for this work is $200,000.00. The above is certified to be a true and accurate statement of the bids received.
Under General Municipal Law any bidder may withdraw his bid if the award of this contract is not made by December 5, 2008.
Individual bid submissions are available in our office for inspection and copies are available upon request.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 23, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Ohio Street Lift
Bridge Deck Repair Contract, to UCC Construction, the lowest responsible bidder, in an amount not to exceed $197,650 plus a 10%
unit price increase for an additional amount of $19,765.00 for a total award of $217,415.00. Funds for the project are available in
Account 30310506- 445100.
PASSED
AYES -9 NOES -0
NO 12
PERMISSION TO ENTER INTO AGREEMENT
WITH NYSDOT AND PROVIDE MATCHING FUNDS
GENESEE STREET RECONSTRUCTION ROUTE 62 PIN 6766.66
LOVEJOY DISTRICT
PRIOR COUNCIL REFERENCE: (IF ANY)
Ex. (Item No. 22, C.C.P. 3/18/03)
Permission is requested from your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements
with New York State Department of Transportation ( NYSDOT) to administer Design, Right -of Way Incidentals, Right -of- Acquisition,
Construction and Construction Inspection phases of the reconstruction of the Genesee Street from Bailey Avenue to Buffalo East City
line Project.
In addition, permission is requested for the City of Buffalo to pay in the first instance 100% of the Federal and Non- Federal share of the
project costs. Total costs of the project including Right -of -way incidental, Right -of -way Acquisition, Construction and Construction
Inspection is $ 8,375,870. The Non- Federal share of the project (20 %) is $1,716,000.
Also permission is requested in the event the amount required to pay in first instance for 100% of federal and Non - federal
share for all the phases exceeded amount appropriated, $ 1,716,000 and /or $ 8,375,870, the City will appropriate said excess amount
upon the notification by New York State Department of Transportation.
The Non - Federal share of 20% is including New York State Marchiselli Aid fund and City of Buffalo's share.
The City's share is currently estimated at $ 466,293 and is available in our Capital Account for the Local Match Reserve.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008 be received and
flied; and
That the Mayor be, and he hereby is authorized to enter into all necessary agreements with New York State Department of
Transportation to administer Design, Right -of -Way Incidentals, Right -of- Acquistion, Construction and Construction Inspection phases
of reconstruction of the Genesee Street from Bailey Avenue to Buffalo East City line Project PIN 5755.56. The City's share is currently
estimated at $466,293 and is available in the Capital Account for the Local Match Reserve.
PASSED
AYES -9 NOES -0
NO 13
APPT TRUCK DRIVER (PROV)(MAX)(BUSCAGLIA)
Certificate of Appointment
Appointment Effective 10/23/08 in the Department of Public Works Division of Street to the Position of Truck Driver, Provisional,
Appointment, Maximum Starting Salary of: $30,793
Giuseppe A. Buscaglia, 18 Dakota St., Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 14
APPT TRUCK DRIVER (PROV)(INTER)(REED)
Certificate of Appointment
Appointment Effective 10/20/08 in the Department of Public Works Division of Street to the Position of Truck Driver, Provisional,
Appointment, Second Step Starting Salary of: $28,429
Clayton Reed, 161 Dundee St, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
y :IQ Vi1119. 1 ZKKS]LVihVi11-1-111*] 0 1 14:ZO] 216] 4 191:4
NO 16
CHANGE ORDER FOR CONTRACT #93000079
CITYWIDE SURVEILLANCE CAMERA PROJECT
I hereby submit to Your Honorable Body the following changes for the Citywide Surveillance Camera Project, Contract #93000079:
Johnson Controls to provide power to two (2) camera poles utilizing underground cabling, stainless steel installation to meet City of
Buffalo Preservation Board requirements for mounting of micro wave antennas, back haul antennas and other equipment at various
locations, provide wiring for 24/7 power as required on poles, and provide power to three (3) other camera poles utilizing overhead
wiring.
The foregoing changes result in a net increase in the contract of $41,064.00
Summary: Current contract amount $3,265,714.00
Amount of this change order ( #5) $ 41,064.00
Revised contract amount $3,306,778.00
Costs have been reviewed by the Department of Police, Planning and Analysis unit and were found to be fair and equitable. Funds for
this work are being provided through State Efficiency Funds in account #24310517 - 474100.
If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879 or Captain Mark Makowski at 851 -5643.
Thank you in advance for your cooperation and expediency in addressing this matter.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 21, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5, an increase in
the amount of $41,064.00, as more fully described in the above communication, for work relating to Citywide Surveillance Camera
Project, Contract #93000079. Funds for this project are being provided through State Efficiency Funds in account #24310517 - 474100.
PASSED
AYES -9 NOES -0
NO 16
DRUG ASSET FORFEITURE WIRE TRANSFERS
PRIOR COUNCIL REFERENCE: (IF ANY) Item No. 104, C.C.P. 2/2/88
07 -DEA- 483138 C2 -07 -0078
1,314.07
08 -DEA- 493543 C2 -08 -0029
3,056.89
08 -D EA- 493969 C2 -08 -0032
4,154.89
08 -DEA- 495418 C2 -08 -0053
1,510.69
08 -DEA- 496854 C2 -08 -0072
1,930.09
08 -D EA- 496487 C2 -08 -0067
1,183.09
08 -DEA- 497888 C2 -08 -0086
2,284.88
08 -DEA- 497146 C2 -08 -0075
819.27
08 -DEA- 499216 C2 -08 -0095
2,200.69
08 -DEA- 497463 C2 -08 -0078
1,455.49
08 -DEA- 497918 C2 -07 -0087
1,631.98
08 -DEA- 499450 C2 -08 -0098
2,321.29
08 -DEA- 498811 C2 -08 -0092
2,954.89
08 -DEA- 499890 C2 -08 -0100
2,726.89
08 -DEA- 497916 C2 -07 -0087
2,588.84
08 -DEA- 499897 C2 -08 -0102
5,516.89 (15% SAFF)
08 -DEA- 497146 C2 -08 -0075
153.80 (15% SAFF)
TOTAL
$37,804.63
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 Account, #20010000 - 389001.
15% of these funds have been deposited into SAFF account 10360 for fulfilling year 3 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.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
FROM THE COMMISSIONER OF FIRE
NO 17
APPT DIVISION CHIEF (PERM)(MAX)(MOGAVERO)
CERTIFICATE OF APPOINTMENT
Appointment effective 10/23/2008 in the Department of Fire Division of Fire to the Position of Division Chief Permanent, Promotional
Maximum starting salary of $78,703
John Magavero, 10050 Pineledge Dr, West, Clarence, NY
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 18
APPT BATTALION CHIEF(PERM)(MAX)(HILLERY, KERTZIE, KEOHANE)
CERTIFIED OF APOINTMENT
Appointment effective 10/23/2008 in the Department of Fire Division of Fire to the Position of Battalion Chief Permanent, Promotional
Maximum starting salary of $71,524
Mark Hillery, 210 Sharon Drive, West Seneca 14224
Peter Kertzie, 32 Via Pinto Drive, Williamsville 14221
Stephen Keohane, 106 Empress Avenue, Amherst 14226
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 19
APPT CAPTAIN (PERM)(MAX)(BOSSI, REID, STAUFFIGER, LOTOCKI, MORGANTI, PETERSON,
BURKE, FLAHERTY, GRAHAM, EGLOFF, MELFRUM, MURPHY)
CERTIFICATE OF APPOINTMENT
Appointment effective 10/23/2008 in the Department of Fire Division of Fire to the Position of Captain Permanent, Promotional
Maximum starting salary of $65,597
Daniel Bossi, 5721 Cole Road, Orchard Park 14127
Timothy Reid, 805 Mckinley Parkway, Buffalo 14220
Jeffrey Stauffiger, 16 Barton Court, Kenmore 14217
Peter Lotocki, 3452 Heatherwood Drive, Hamburg 14075
Ronald Morganti, 61 Naples Drive, West Seneca 14224
Kevin Peterson, 120 Bickford, Buffalo 14215
Keith Burke, 3594 S. Benzing Road, Orchard Park 14127
Daniel Flaherty, 15 Center Ridge Road, East Aurora 14052
Paul Graham, 49 Fox Chapel Drive, Orchard Park 14217
Mark Egloff, 260 Columbus, Buffalo 14220
Thomas Meldrum, 253 Ransom Oaks Drive, East Amherst, 14051
John Murphy, 52 Lincoln Blvd, Kenmore 14217
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 20
APPT LIEUTENANT(PERM)(MAX)(SZALAY, HIGGINS, RAPP, BARRETT, DICKINSON, DONOVAN, LAUBER, BLAND,
BLESS, BOURGEOIS, BLAKE, GEORGE, KRASINSKI, ROBERTON, BRESKI, RAY, MAJITYKA- HARTMAN, MENDOLA)
CERTIFICATE OF APPOINTMENT
Appointment effective 10/23/2008 in the Department of Fire Division of Fire to the Position of Lieutenant Permanent, Promotional
Maximum starting salary of $62,423
Jeffrey Szalay, 6170 Boston Ridge Road, Orchard Park 14127
Christopher Higgins, 127 Collidge Road, Buffalo 14220
Jeffrey Rapp, 70 Irving Terrace, Tonawanda 14223
Ronald Barrett, 69 Krakow Street Buffalo 14206
Terry Dickinson, 9215 Hillview Drive, Clarence 14031
David Lauber, 92 Rosedale Avenue, Hamburg 14075
George Bland, 5 Sibley Street, #2 Buffalo 14220
Dale Bless, 267 Franklin Street apt B2, Buffalo 14202
Ronald Bourgeois, 11817 Williston Road, Marilla 14102
Patrick Blake, 297 Abby Street, Buffalo 14220
David George, 2152 Portside Drive, Lakeview 14085
Thomas Krasinski, 130 Sherbrooke Avenue, Williamsville 14221
Lawrence Robertson, 115 Carlyle, Buffalo 14220
Thomas Breski, 652 Harris Hill Road, Lancaster 14086
Christopher Ray, 117 Hunters Ridge Road, Lancaster 14127
Wendy Majtyka - Hartman, 22 Bassett Road, Williamsville 14221
Mark Mendola, 388 Seneca Place, Lancaster 14086
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO 21
APPT ASSISTANT CORPORATION COUNSEL I (TEMP)(MIN)(BELL)
CERTIFICATE OF APPOINTMENT
Appointment effective 10/20/2008 in the Department of Law Division of Law to the Position of Assistant Corporation Counsel I (Muni)
Temporary, Non - Competitive Minimum starting salary of $50,604
Sabrina R. Bell, 1525 Amherst Manor apt 906, Williamsville 14221
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 22
APPT ASSISTANT CORPORATION COUNSEL II (TEMP)(INTER)(CHAMBERS)
CERTIFICATE OF APPOINTMENT
Appointment effective 10/20/2008 in the Department of Law Division of Law to the Position of Assistant Corporation Counsel II
Temporary, Non - Competitive Intermediate starting salary of $61,212
Cavette Chambers, 188 Roebling Avenue, Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO 23
FOOD STORE LICENSE 900 MAIN (ELLICOTT)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food
Store License located at 900 Main (O & N Market) and find that as to form is correct. I have caused an investigation into the premises
for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire
Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable
laws. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated October 2,
2008, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Food Store License to Nasser Mohamed (O & N Market) located at 900 Main Street.
PASSED
AYES -9 NOES -0
NO 24
490 CONNECTICUT (NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food
Store License located at 490 Connecticut (Alex Deli) and find that as to form is correct. I have caused an investigation into the premises
for which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire
Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other applicable
laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 25
RESTAURANT DANCE CLASS I & II
88 CHIPPEWA WEST (ELLICOTT)
Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a
Restaurant Dance Class I & II License located at 88 Chippewa West and find that as to form is correct. I have caused an investigation
into the premises for which said application for a Restaurant Dance Class I & H license is being sought and according to the attached
reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable
laws. I have caused an investigation by the Police Department into the moral character of James Alfieri. The attached thereto for James
Alfieri d /b /a Croc Bar. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services, dated October 7,
2008, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Restaurant Dancing Class I & II License to James Alfieri d /b /a Croc Bar located at 88 Chippewa
West.
Approve with the Following conditions:
• There will be no one under the age of 21 years old permitted after 10:00pm
• If present, graffiti must be removed from exterior of establishment within 72
unless employed by establishment (No Co- mingling of Patrons) hours
• Exterior of premise must be cleaned up free of debris by 7:OOam each morning this shall include removal of trash from any receptacles in
front or adjacent to property
• There shall be no plastic banners and /or non permanent signage displayed between the hours of 7:OOam - 9:OOpm daily
• There shall be no outdoor music allowed
PASSED
AYES - 9 NOES — 0
NO 26
RESTAURANT DANCE CLASS -483 DELAWARE
(ELLICOTT DISTRICT)
PRIOR COUNCIL REFERENCE: (IF ANY) (: Item Nos. #19 C.C.P. 10/14/08)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises
located at 483 Delaware (Stillwater Grille, LLC) for which said application for a Restaurant Dance Class III license is being sought by
William R. Goodhue and according to the attached reports from the Fire Department, Police Department and Building Inspections, I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem
appropriate.
Mr. Fontana moved
That the above communication from the Department of Economic Development, Permit and Inspections Services, dated October 23,
2008, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Restaurant Dancing Class HI License to William R. Goodhue d /b /a Stillwater Grille, LLC located at
483 Delaware Avenue with the following conditions:
1. No co- mingling of patrons (no one under the age of 21 permitted after 11:00p.m.
unless employed by the owner).
2. No plastic banners or signage displayed on the exterior of the premises between
7:00 a.m. and 9:00 p.m.
3. If graffiti exists on the exterior of the establishment, it must be removed within 72
hours of notification of its existence.
4. Exterior of the premises must be must be cleared of all debris by 7:00 a.m. each day, after the establishment is open for operation.
This shall include the frontage of the property from its facade to the curbline.
5. This license shall be non - transferrable and shall be held exclusively by the applicant. Any individual seeking to acquire licensure
under Section 150 of the City Charter and Code, other than the applicant, shall be required to apply anew.
6. The license shall apply exclusively to the location listed on the application 483 Delaware Avenue, which combined 481 -487 Delaware
Avenue for taxation purposes. The property commonly known as 483 Delaware Avenue shall be the only property licensed through this
application.
7. The licensee shall provide security at each of its exits and said security will enforce a policy that does not permit removal of alcoholic
beverages from the interior of the premises commonly known as 483 Delaware Avenue.
8. That the licensee enforce a policy that there be no loitering outside of the premises either in front of or behind the premises for
purposes of drinking.
9. That the licensee keep the parking lot behind the building free and clear of individuals drinking.
10. That the licensee promptly respond to any and all complaints from the neighbors and /or police of excessively loud music, unruly
patrons or people loitering.
11. That the licensee shall keep all entryway and exit doors closed and, that no doors be propped, hinged or kept open after 10 pm or
on special events.
12. Security Camera will be installed for review as necessary.
13. Licensee will be subjected to review before renewal is acquired.
PASSED
AYES -9 NOES -0
NO 27
SECOND HAND DEALER
283 WEST FERRY (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a
Second Hand Dealer License located at 283 West Ferry and find that as to form is correct. I have caused an investigation into the
premises for which said application for a second hand dealer license is being sought and according to the attached reports from the
Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused
an investigation by the Police Department into the moral character of Mark Speese. The attached thereto for Mark Speese d /b /a Rent A
Center. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 28
SIDEWALK CAFE LICENSE 3148 MAIN (UNIVERSITY)
The Common Council approved a sidewalk cafe for the restaurant located at 3148 Main on October 3, 2006 (Item #100). The
restaurant, formerly known as Mojo's is now owned by Jessica Kominiarek ( Mojo's). Ms. Kominiarek has requested permission to install
a similar car6. The Department of Permit & Inspection Services has no objection to you Honorable Body authorizing the Commissioner
to issue a "mere license" to encroach City right of way provided all conditions in the above mentioned approval are r. Fontana moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated September 22,
2008, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is directed to deny a "Mere License" to Jessica Kominiarek, applicant, d /b /a Mojo's located at 3148 Main.
DENY
AYES -9 NOES -0
NO 29
WHOLESALE JUNK DEALER 40 HOPKINS (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Wholesale Junk Dealer License located at 40 Hopkins and find that as to form is correct. I have caused an investigation into the
premises for which said application for a Wholesale Junk Dealer License is being sought and according to the attached reports from
the Zoning Office, Fire Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have
caused an investigation by the Police Department into the moral character of Walter Hanley. The attached thereto for Walter Hanley
d /b /a LKQ Self Service Auto Parts Buffalo. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO 30
LIQUOR LICENSE APPLICATIONSATTACHED HERETO ARE COMMUNICATIONS FROM PERSONS APPLYING FOR LIQUOR
LICENSES FROM THE ERIE COUNTY ALCOHOL BEVERAGE CONTROL BOARD
Address Business Name Owner's Name
268 Main St City Grill 2 Virginia and Scott Rossi
230 Holly St Patricia A. Fenske Patricia A. Fenske
391 Ellicott Dwain Laws Dwain Laws
RECEIVED AND FILED
NO 31
LEAVES OF ABSENCE WITHOUT PAYI TRANSMIT HEREWITH NOTIFICATIONS RECEIVED BY ME, REPORTING THE
GRANTING OF THE LEAVES OF ABSENCE WITHOUT PAY, IN THE VARIOUS DEPARTMENTS AS LISTED:
Public Works — Giuseppe A. Buscaglia
Police — Davielle DiVito
RECEIVED AND FILED
NO 32
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 10/20/08 in the Department of Public Works Division of Streets to the Position of Clerk Seasonal Appointment
flat Starting Salary of $11.11
Jay Malone, 309 Lakefront Blvd, Buffalo 14202
NO 33
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 10/17/08 in the Department of Public Works Parks & Streets Division of Buildings to the Position of Senior First
Class Stationary Engineer Temporary Appointment flat Starting Salary of $11.11
Timothy M. Keenan, 77 Carlyle Avenue, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment effective 10/21/08 in the Department of Public Works Parks & Streets Division of Buildings to the Position of Senior First
Class Stationary Engineer Temporary Appointment flat Starting Salary of $11.11
Cherie Ciaudella, 2219 Bailey Avenue, Buffalo 14211
Earl J. Mekelburg, 1186 Seneca Street, Buffalo 14210
CERTIFICATE OF APPOINTMENT
Appointment effective 10/22/08 in the Department of Public Works Parks & Streets Division of Buildings to the Position of Senior First
Class Stationary Engineer Temporary Appointment flat Starting Salary of $11.11
Mark Blake, 158 Dundee Street, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment effective 10/15/08 in the Department of Public Works Parks & Streets Division of Buildings to the Position of Laborer II
Permanent, Non - Competitive Appointment Minimum Starting Salary of $24,430
Curtis McNally, 696 Taunton Place, Buffalo 14214
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO 34
D. ADAMS -LEGAL AID MONTHLY REPORT SEPTEMBER 2008
Dear Chairperson Davis,
Enclosed please find a copy of our Monthly Report and Monthly Activity Report for September 2008.
Please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -9555 Ext. 555, if you have any
questions.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO 35
L. GRIFFIS — WATERFRONT ART
I would like to file the attached information for the next Common Council meeting to be held on October 28, 2008.
Dear Councilman Kearns,
Thank you for meeting with me this morning October I, 2008. 1 would appreciate the opportunity to share what I know about public art
and how it can apply to the Buffalo Waterfront. I would present a slideshow showing art in other cities with the idea of stimulating
discussion toward developing our own unique art attraction.
Leading with art has for years increased development and public awareness. Since Buffalo has been a leader in art with many fine
museums and art works from the past, it is time to renew our dedication and find the necessary funding for art. There is a law in Buffalo
that states 1 % of a buildings budget should be dedicated to the arts. We should look into this and see if it is working.
I am sure we can develop a fascinating Sculpture Park along the waterfront trail.
Best Regards,
Larry Griffis III
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO 36
J. HAGUE -APRIL UPDATE ON ILLEGAL YARD SIGNS 300 LINDWOOD AVE
The subject medical office in our neighborhood has been open for a few years in a formerly vacant pharmacy building, and is zoned
"R4." It has a large and unnecessarily prominent three -sided sign comprising three blue- and -white 4 -foot by 4 -foot metal panels that are
almost two feet too high, above grade. They violate limits specified by the Buffalo Preservation Board Certificate of Exception of 27 April
2001, enclosed.
My review of Buffalo Code, Sections 387 (SIGNS) and 511 (ZONING), indicates that a billboard, pole sign, or ground sign, as defined
in §387 -2 (Word Usage, Definitions), is not appropriate in the front yard of an R4 building in a residential preservation district, halfway
to the street. It is wrong for three reasons:
- Illegal height--...sign is not to be more than 5' H (OVERALL HEIGHT) & BE 1' OFF THE GROUND..." (Buffalo Preservation Board 27
April 2001). Overall height was recently measured as 69" and distance from ground to lower edge is 2'9"--almost 2' too tall.
• - Visual clutter— "...all such signs contribute to the increasing visual clutter which has increasingly characterized many major
thoroughfares" ( §387 -27B)
• Traffic safety--"No sign shall... obstruct, impair, obscure or ... mislead or confuse vehicular or pedestrian traffic" ( §3874AA).
The sign partly obscures the view of intersecting traffic on Utica Street.
We and many neighbors have been fruitlessly protesting this intrusive, illegal sign for years. I have made scores of calls to your Mayor's
complaint line and to Lou Petrucci and others in the Inspections Dep't. The latest rebuff, on 10 October, was a statement from Deputy
Commissioner Jim Comerford that "...at this time we were not pursuing the matter." WHY NOT? We have lived in and improved this
neighborhood since 1981 - -much longer than the UB /MD operation at 300 Linwood, and request, again, that you or
the Common Council or (most appropriately) the administrative functions of Buffalo such as the Office of Inspections in the Dep't of
Inspection and Permit Services take action to uphold the law and reverse this blight on our neighborhood.
Sincerely,
REFERREDTO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL DEPARTMENT OF EDPI
NO 37
K. LYNCH - FORECLOSURE STUDY
Please file the attached item for further discussion at the next Common Council session to be held on October 28, 2008. Thank you in
advance for your assistance in this matter.
Dear Councilmember LoCurto:
As you know, the Western New York Law Center is conducting a foreclosure study to ascertain the impact of this current crisis on the
City of Buffalo and Erie County residents. We have been giving presentations on our findings to interested groups including BURA, the
Erie County Legislature's Distressed Properties Task Force, the Buffalo Niagara Association of Realtors, the Partnership for Public
Good and at the Ending Homelessness Symposium.
We have been able to map out foreclosure filings according to Council District and thought that members of the Common Council
might be interested in this information. We are happy to schedule a presentation for the Council. We can either conduct it at City Hall or
here at the WNYLC office. We would also use this opportunity to inform the Councilmembers about the grants WNYLC has received
from NYS DHCR and the NYS Banking Department to assist homeowners facing foreclosure.
Please let me know whether the Councilmembers are interested in this presentation and we will do our best to schedule it in the near
future.
Sincerely
Kathleen A. Lynch
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 38
C. MICHENER- REQUEST NO PARKING SIGN OSCHAWA AVE
I would like to file the attached information for the next Common Council meeting to be held on October 21, 2008.
1 live on the border of West Seneca and Buffalo at 18 Oschawa. I pay both West Seneca and Buffalo taxes. The beginning
part of my driveway is Buffalo. My West Seneca neighbor at 20 Oschawa owns the City of Buffalo house at 16 Oschawa in which he
rents.
In West Seneca there is no street parking. There is Buffalo parking on 1 side of the street which is the opposite side of which
I own my house. My Buffalo neighbor insists on parking in front of her house which blocks me from getting in and out of my driveway.
This has developed a parking issue.
I have spoken to my neighbor regarding my concern and she advised me that this parking is perfectly legal. What I don't
understand in Buffalo, is why there is parking on both sides of the street I live on, but not on any surrounding Buffalo streets in my
neighborhood? What's most annoying is that my neighbor's car is the ONLY car parked on the opposite side of the street, and it is left
there for WEEKS at a time!
Last year we had numerous incidents involving Buffalo school buses unable to get up and down the street. At 7am they
would be in front of my house laying on the horn until someone moved the car parked on the opposite side of the street. The car was
moved either by the renter, or the landlord. I did call Buffalo police, but by the time they responded to the call, it was too late. The car
had been moved. I called the bussing system to complain and was told that the bus drivers have to radio in any issues they have.
West Seneca snowplows our street. Last year they sideswiped the side mirror right off the neighbor's car that was parked on
the opposite side of the street. Also the senior citizen living across the street from me, who is also a Buffalo taxpayer, had an incident
this summer backing out of her driveway. She backed right into the neighbor's car as it was parked on the opposite side of the street.
My issue is that from my house to Indian Church is Buffalo parking. There is parking on both side of the street and it is
MOST inconvenient for me and my tax paying neighbors. I am requesting a NO Parking sign be put up. "lifts way there is only parking
on 1 side of the street permanently. I'm also requesting that this No Parking be enforced by Buffalo. I'm also asking that West Seneca
enforces the No parking sign that is in place for winter months so the snow plows can get through. If this makes my neighbors park in
their driveways, than so be it, that's what they are them for, right?
I have notified the West Seneca Highway department about this situation. I was told that this is a Buffalo parking issue. It
would be nice to see the two jurisdictions working together to resolve this on going issue.
I have also attached and labeled pictures for you to view and see how much a NO Parking sign is needed here to clear up
this matter.
Sincerely
Chrisstin Michener
REFERRED TO COMMITTEE ON LEGISLATION. COMMISSIONER OF PUBLIC WORKS. PARKS AND STREETS
NO 39
REQ LEGAL RULING REHAZARDOUS CONDITIONS OF
PROPERTIES OWNED BY PBA( BUSTI)
Dear Council Members,
We respectfully request your help to obtain a ruling from the City of Buffalo Legal Department regarding the hazardous condition of
properties owned by the Public Bridge Authority (PBA). The properties in question are: 757, 765, 771, 777, 783, 791 and 793 Busti
Avenue, Buffalo, 14213. We have formal, properly filed, complaints on file with the City of Buffalo Housing Inspection Department. The
city has formally acknowledged our complaints. Yet no action to bring the properties into code has been taken.
City Housing Inspector, Steve Pieri, surveyed the houses and issued a letter to the PBA on March 12, 2008. The PBA response to Mr.
Pieri's letter, dated April 10, 2008, is enclosed. Tony Braunscheidel, PBA Facilities Manager, stated that no action will be taken on any
of the Busti Avenue properties until a Record of Decision (ROD) is reached. The anticipated date for a ROD was July 2008.
Apparently, the PBA believes it has the legal standing to ignore City housing law, while acting as slumlord of these properties, refusing
to bring them up to housing code standards. Their prolonged neglect will only exacerbate the already hazardous conditions that, as
"backyard neighbors," we are forced to endure:
-The properties are a breeding ground for rats and feral cats. The PBA is aware of this chronic problem.
- Illicit drugs are bought and sold behind the homes. Prostitutes frequent the property. The PBA is aware of illegal activity occurring on
their properly.
-Used needles, condoms and other paraphernalia are discarded behind the houses.
-Cars drive illegally behind the houses at a high rate of speed which has endangered our property and our safety.
-On one recent night, in the yards behind 765 and 771 Busti, at 2:30 am, a car was speeding recklessly for several minutes before
finally crashing into a tree. We contacted Police, and the car was eventually lowed. At no time that night was there evidence of a PBA
presence. At times like these, we, in effect, become "custodians" of the properties. The PBA has never publicly addressed this.
-Our garages, storage sheds, and cars are frequently broken into. Private properly is constantly stolen.
-The backyard fence between 768 Columbus Parkway and 765 Busti is knocked clown by criminals on a regular basis, so they can
park on Busti while committing crime on Columbus parkway. The access allows them to escape faster and evade detection.
-The properties are not secure. Graffiti is evident on interior walls of the houses. Clothing is discarded inside of the homes. Plywood
has been ripped from windows.
-There is no lighting behind any of the properties.
771BusH Col. S. H. Wilkenson Home, ca. 1865
-The National Historic Wilkenson house was purchased in 1995 by the PBA. The properly has remained unoccupied, unattended, and
blighted since its purchase. The structure is deteriorating. The roof is imploding. The exterior walls are water damaged. The inferior has
been badly vandalized. Today, drug users and prostitutes drive cars behind the home to conduct their illicit business.
- Exterior and inferior decay of 757, 765 and 771 is rapidly increasing, causing collateral damage to adjacent properties next door and
directly behind them on Columbus Parkway.
-773 Busti is occupied. Residents sandwiched between blighted, decaying properties must live within inches of dangerous conditions.
The Public Bridge Authority has owned most of these properties for 13 years. They have consistently demonstrated a callous disregard
not only for the properties on Busti Avenue but also for the surrounding community. They have intentionally and systematically blighted
our neighborhood, recognized by the National Trust for Historic Preservation and the Preservation League of NYS as one of the most
historically significant and endangered districts in the City of Buffalo, the State of New York and, indeed, the nation.
Even the City of Buffalo refers to the irresponsible management of the PBA properties in their DEIS comments dated November 2007;
"Further explanation is needed as to how tile PBA willfully comply with city building property maintenance code regarding properties it
acquired between 1995 and 1999 along Busti Avenue and Vermont Street These properties are in disrepair and eroding neighborhood
character."
Therefore, We request a legal ruling on the PBA's position relative to maintenance of their Busti Avenue properties:
• That no action to bring the houses up to code can to be made until a Record of Decision is issued for the proposed peace
bridge expansion.
• The PBA has the legal authority to refuse to comply with city building and property maintenance codes.
• The PBA, as owner of a historically significant property (771 Busti, ca. 1865), can intentionally destroy its history by sheer
neglect and with impunity.
• That the residents near these properties must endure illegal activity and health and safety hazards relative to these properties
resultant from inaction by the PBA and the City of Buffalo.
As responsible taxpayers, we make every effort to be good citizens. As homeowners, we must live within the housing code laws set
forth by the City, not above them.
Unslumming Busti Avenue will restore vitality to the surrounding neighborhood. Stopping the decade -long period of blight imposed upon
this community by the PBA is the only right and proper thing to do.
The economic value of old housing in the Columbus Park - Prospect Hill historic district is irreplaceable. It was created over time, and is
a value that a vital city neighborhood can only inherit and sustain through the years. No entity has the right to destroy if.
Sincerely,
Peter J. Certo & Joanne Certo, 776 Columbus Parkway, Buffalo 14213
Liz Martina and Mark Westerholt, 774 Columbus Parkway, Buffalo 14213
John and Emily Martina, 772 Columbus Parkway, Buffalo 14213
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDPI
NO 40
M. ROMANOWSKI- NOTICE OF COMPLETION /NOTICE OF HEARING FOR THE BUFFALO NIAGARA MEDICAL
CAMPUS - NORTH END DEVELOPMENT
Dear Sir or Madam:
Pursuant to the State Environmental Quality Review Act ( "SEQRA'), we are enclosing the Notice of Completion /Notice of Hearing
prepared by the City of Buffalo Planning Board for the Buffalo Niagara Medical Campus North End Development Project. We are also
enclosing a CD of the Draft Generic Environmental Impact Statement ( "DGEIS ") for your review and comment. If you would like a hard
copy of the DGEIS, please contact my office.
The public comment period on the DGEIS extends until November 18, 2008 and a public hearing will be held on November 6, 2008. If
you should have any questions or concerns about the Notice, the Hearing, the DGEIS or the Project, please do not hesitate to contact
my office. Thank you for your courtesies and cooperation.
Very truly yours,
Marc A. Romanowski
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 41
R. WOLFGANG -D. FRANCZYK -FIFTH PEG ACCESS CHANNEL
Dear Mr. Franczyk:
I am writing in connection with the resolution passed by the Buffalo City Council on October 14, 2008 regarding a fifth PEG access
channel on Time Warner Cable's system serving the City.
We believe that certain statements made in the resolution are inaccurate and we would like to bring our understanding of the facts to
the Council's attention.
The Office of Telecommunications ( "the Office ") has notified Time Warner Cable that it believes the criteria for the provision of a fifth
PEG access channel - as set forth in Section 31.1 of the franchise - have been met. We have advised the Office that Time Warner
Cable disagrees and explained the basis for our position.
The Office regards all the programming on channels 19, 20, 21 and 22 as PEG access programming. While Time Warner Cable
generally agrees with the Office with respect to the programming on channels 19, 20 and 22, we believe the programming carried on
Channel 21 is not PEG access programming. Rather, it is a service - ThinkbrightTV - assembled and scheduled by New York PBS
broadcast stations [and carried pursuant to an agreement between Time Warner Cable and our Buffalo PBS station]. The channel is
not programmed by the public ( "P" or Public Access); qualified educational institution ( "E" or Educational Access); or the City of Buffalo
( "G" or Governmental Access) as required by Section 31.1 a of the franchise. Nor does it meet the comparable definition of PEG
access set forth at Section 895.4 of the regulations of the New York Public Service Commission, i.e. used by either the public on a first -
come, first - served nondiscriminatory basis (Public Access); school districts and not - for - profit educational institutions chartered or
licensed by the New York State Department of Education or Board of Regents (Educational Access); or municipal, county and State
government or agencies thereof (Government Access). Thus, Channel 21 is not currently used for PEG access purposes.
Further the information provided by the Office for the other three channels to establish usage was for different periods. The information
for channel 20 was for a time period in 2007 and that for channels 19 and 22 for a time period in 2008. We believe that the utilization
test established in the franchise for provision of an additional access must be applied for all existing PEG channels for the same time
period.
We have previously met with representatives of the Office and the NYPSC to discuss the issue. As we have advised the Office, we
remain willing to continue those discussions in order to amicably resolve this matter.
Sincerely
Robin L. Wolfgang
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO 42
J. PERSICO, OWNER, REZONE 11 WEST NORTHRUP FROM A (CM) COMERCIAL TO A (R2)
DWELLING DISTRICT
( HRG 11/12/2008 )(UNIV)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD AND THE
ZONING BOARD OF APPEALS
REGULAR COMMITTEES
CLAIMS
(DAVID A. RIVERA, CHAIRMAN)
NO 43
PERSONAL INJURY CLAIMS
That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be comprised and settled:
A. 1. Cyril and Walter Clark $ 3,500.00
A. 2. Mary Woods $ 18,500.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the
Corporation Counsel of proper releases and closing papers.
A. 3. James and Lannie Curry $225,000.00
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Rivera moved:
That upon the recommendation of the Corporation Counsel, the following action for personal injury arising out of alleged negligence on
the part of the City of Buffalo, be comprised and settled:
This check should be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal
Year, payable to the respective claimants and their attorneys, if any, herein above named, upon execution and delivery to the
Corporation Counsel of proper releases and closing papers.
Personal Injury Claims
That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on
the part of the City of Buffalo, be comprised and settled:
A. 4. Amanda DiFrancesco $ 12,500.00
A. 5. Cornelius Johnson $ 2,000.00
A. 6. Rebecca Ross $ 10,000.00
A. 7. Darryl C. Watkins $ 27,000.00
A. 8. Joseph P. Busch $ 5,000.00
A. 9. Dianna Brooks $ 5,000.00
A. 10. Mary Waterman $ 5,000.00
A. 11. Janee Washington $ 5,000.00
A. 12. Maurice Walker $ 24,000.00
A. 13. James Rosebrough $ 12,000.00
A. 14. Philip Schneider v. Aero Transporters,
Inc.,City of Buffalo $ 10,000.00
A. 15. Christine Lauer $90,000.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants and their attorneys, if any, herein above named- upon execution and delivery to the
Corporation Counsel of proper releases and closing papers.
PASSED
AYES -9 NOES -0
NO 44
PROPERTY DAMAGE
That upon the recommendation of the Corporation Counsel, the following action for property damage arising out of alleged negligence
on the part of the City of Buffalo, be comprised and settled:
B.
1.
Jeanine Balys
$ 133.00
B.
2.
Jacqueline Barnett
$ 500.00
B.
3.
Kenneth Chambers
$ 9,120.00
B.
4.
Raymond Dalton
$ 200.00
B.
5.
Lillian Fowler
$ 3,139.81
B.
6.
David Gilmour
$ 499.60
B.
7.
Carol Hangen
$ 50.00
B.
8.
Susan Itzenplitz
$ 106.03
B.
9.
Lawrence Kordasiewicz
$ 189.81
B.
10.
Jammie Meldrum
$ 8,004.53
B.
11.
Donald Palmer
$ 170.40
B.
12.
Latorre Pitts
$ 776.05
B.
13.
Mary Ann Snyder
$ 217.46
B.
14.
State Farm a /s /o Grocery Delivery
Service, Inc. v.
City of Buffalo, et. A 1
$ 3,187.26
B.
15.
Travelers Insurance a /s /o Kim Galbo $ 1,456.47
B.
16.
Jean Ann Pfohl
$ 3,500.00
B.
17.
Robert Roche
$ 717.75
That checks
be drawn on the account
of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable
to the respective claimants herein above named, upon execution and delivery to the Corporation Counsel of proper
releases and closing
papers.
PASSED
AYES -9
NOES -0
NO 45
MISCELLANEOUS INVOICES
C.1 ABG ASSOCIATES
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Rivera moved:
That upon the recommendation of the Corporation Counsel, and the appropriate City Department, the following claim be paid:
C. 1. ABG Associates $14,156.60
That a check be drawn on the account of Org 17221008 (480205) Judgment and
Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set
opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper release where such
release is indicated.
Miscellaneous Invoices
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be
paid:
C. 2. American Rated Cable & Communications $ 130.00
C. 3. Chudy Paper Company $ 60.00
C. 4. Colgate Heating Corp. $ 3,983.77
C. 5. Hills Pet Nutrition $ 138.25
C. 6. Krista Gottlieb $ 517.99
C. 7. Linstar Inc. $ 390.93
C. 8. MJ Mechanical $ 3,439.10
That checks be drawn on the account of Org 17221008 (480205) Judgment and
Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, herein above named, in the amounts set
opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such
releases are indicated.
PASSED
AYES -9 NOES -0
NO 46
C. 9. NYS INDUSTRIES FOR DISABLED - $47,992.67
That the above item be and the same is recommitted to the Committee on Claims.
RECOMMIT
NO 47
MISCELLANEOUS INVOICES
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid:
C. 10. Parkside Press $ 32.00
C. 11. RP Mechanical $ 3,265.29
C. 12. R SLang Enterprises $ 554.37
C. 13. Safety -Kleen Corp. $ 586.00
C. 14. STS Trailer & Truck Equipment $ 95.55
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants, herein above named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES -9 NOES -0
NO 48
MISCELLANEOUS REIMBURSEMENT
That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim is to be paid:
D. 1. William Ford $ 209.74
That a check be drawn on the account of Org 17221008 (480205) Judgment and
Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants, if any, herein above named, in the amounts
set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper release where such
release is indicated.
D. 2. New York Environmental Protection and Spill Compensation Fund Claim - 513 Sycamore St.
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Rivera moved:
That upon the recommendation of the Corporation Counsel, and the appropriate City Departments, the following claim is to be paid:
D. 2. New York Environmental Protection and Spill
Compensation Fund Claim - 513 Sycamore St. $200,000.00
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
Passed
Miscellaneous Reimbursement
That, upon the recommendation of the Corporation Counsel and the appropriate City Department, the following claim is to be paid:
D. 3. Linda Weiglein $ 246.82
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants, if any, herein above named, in the amounts set opposite their names and delivered to them upon
execution and delivery to the Corporation Counsel of proper release where such release is indicated.
PASSED
AYES -9 NOES -0
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO 49
NOTICES OFAPPOINTMENTS- TEMP /PROV PERM(CTYCLK)
(CCP# 27, 10/21)
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(MICHAEL P. KEARNS, CHAIRMAN)
NO 50
AUDIT REPORT -GUN BUY BACK PROGRAM 9/27/08 (COMPT)
(CCP# 7, 10/14)
That the above item be the same and hereby is Received and Filed
F-
NO 51
AUDIT REPORT - BAILEY /AMHERST DISTRICT MGT ASSOC (UNIV)(COMPT)
(CCP# 14,9/30)
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRMAN)
NO 52
TRANSFER TWO (2) HOMES IN SYCAMORE VILLAGE SUBDIVISION
(ITEM NO. 63, C.C.P., OCT. 14, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
That the Mayor, the Chairman, Vice - Chairman, or any officer of the City of Buffalo Urban Renewal Agency is hereby authorized to execute any and all deeds or other documer
necessary to convey lands to the purchasers which is subject to approval of Agency Legal Counsel:
Charles Glover 7 Sydni Lane $211,861.00
Lot 12
Dwain M. James and 31 Sydni Lane $206,963.00
Valerie E. Harge Lot 16
PASSED
AYES - 9 NOES - 0
NO 53
TRANSFER TWO (2) HOMES IN SYCAMORE VILLAGE SUBDIVISION (STRAT. PLAN.)
(ITEM NO. 6, C.C.P., OCT. 14, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Lo Curto moved:
That the above item be, and the same hereby is received and filed.
Adopted
NO 54
ABANDONMENT AND SALE - PORTION OF CARROLL STREET
(ITEM NO. 10, C.C.P., SEP. 30, 2008)
That the City of Buffalo does hereby abandon the easterly dead end portion of Carroll Street and authorizes the City to sell
such property pursuant to Article 27, Section 27 -5 of the Charter of the City of Buffalo; and
That the Director of Real Estate negotiate with Mr. Joseph A. Petrella, on behalf of Mill Race Commons, LLC, for the
purchase of a easterly dead end portion of Carroll Street; and
That the Director of Real Estate report back to the Common Council with the results of negotiations.
PASSED
AYES -9 NOES -0
NO 55
B. DAVIS -G. RUIZ- ACQUIRING COMER LOT ON VIRGINIA & PROSPECT ST (ELL)
(NO 46, SEPT 16)
That the above item be the same and hereby is Received and Filed.
ADOPTED
LEGISLATION
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO 56
S. MARCHIONE, PETITION TO USE 2022 SENECA STREET - OUTDOOR CAFE
(ITEM NO. 36, C.C.P., OCT. 14, 2008)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That after the public hearing before the Committee on Legislation on October 21, 2008, the petition of S. Marchione, agent, for permission
to use 2022 Seneca Street for an outdoor cafe to the rear of an existing sit -in restaurant 17' x 45' and at grade be, and hereby is approved
with the following conditions.
Patio will be at least 7 ft. the rear property line before the installation of the wall.
The applicant will construct a wall at the rear of the patio. The wall will be the same height as the adjoining building
(approximately 10 ft high).
The entire patio will be fenced in and there will be no entrance or exit from Seneca Street or the neighboring property. The
only entrance to the patio will be from inside restaurant.
Applicant will landscape the area around the perimeter of the patio.
The applicant will provide an area for smokers near the front of the patio. Smoking will not be allowed at the rear of the patio
near the neighbors' yard.
The patio will close Sunday through Thursday at 10:00 pm and on Friday and Saturday at 11:00 pm. No use of the patio
after these hours will be permitted.
The approval will be conditional for 1 year and must be re- approved by the Common Council after the initial 1 year period.
There will be no outside music, speakers, or other amplified sound devices allowed on the patio at any time.
There will be no garbage receptacles or garbage allowed on the patio at any time.
The approval of this patio is for the applicant only. If the property is sold or if a new owner takes over, a new application must
be applied for and approved by the Common Council.
PASSED
AYES -9 NOES -0
NO 57
M. OBERST, PETITION TO USE 807 CLINTON STREET - ALTER THE USE OF THE RECTORY TO A HUMAN
SERVICES FACILITY
(ITEM NO. 37, C.C.P., OCT. 14, 2008)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above - mentioned item be and the same is hereby received and filed.
Adopted.
NO 58
LODGING HOUSE LICENSE- 194 CHADDUCK
(ITEM NO. 17, C.C.P., OCT. 14, 2008)
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO 59
LODGING HOUSE LICENSE - 557 POTOMAC
(ITEM NO. 18, C.C.P., OCT. 14, 2008)
Mr. Golombek moved that the above item be re, committed to the Committee on Legislation
ADOPTED
NO 60
RESTAURANT DANCING CLASS LII - 483 DELAWARE
(ITEM NO. 19, C.C.P., OCT. 14, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 61
URGING VERIZON TO PRIORITIZE THE CITY OF BUFFALO FOR FIOS TV DEPLOYMENT
(ITEM NO. 68, C.C.P., OCT. 14, 2008)
That the Common Council expresses its support for Verizon prioritizing the City of Buffalo for ROS Internet and television deployment.
ADOPTED
NO 62
SECONDHAND DEALER - 2222 GENESEE STREET
(ITEM NO. 37, C.C.P., SEPT. 30, 2008)
(ITEM NO. 54, C.C.P., OCT. 14, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be, and he
hereby is authorized to grant a Second Hand Dealer License to Dwayne Hicks d /b /a Ocean Blue Thrifty located at 2222 Genesee St
PASSED
AYES -9 NOES -0
NO 63
FOOD STORE LICENSE - 465 BEST
(ITEM NO. 27, C.C.P., SEPT. 30, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Food Store License to Mohamed Alfasafi located at 465 Best (Ally's Food Market).
PASSED
AYES -9 NOES -0
NO 64
REQUEST ESTABLISHING & CHAIRING PARKS ADVISORY COMMITTEE
(ITEM NO. 52, C.C.P., SEPT. 30, 2008)
That the above item be, and the same hereby is recommitted to the Committee on Legislation.
Adopted
NO 65
LANDMARK DESIGNATIONS - "HEATH HOUSE" AND "ELMWOOD PARK AND FORMER SCHOOL 46
LOCATED AT 386 VIRGINIA STREET" (ITEM NO. 3, C.C.P., SEPT. 2, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That after the public hearing held before the Committee on Legislation on September 23, 2008, the "Heath House" located at 76
Soldiers Place and "Elmwood Park and Former School 46 located at 386 Virginia Street" be designated as local historical preservation
districts, pursuant to Article III, Section 337 -7 through 8 of the Preservation Standards of the Buffalo City Code; and
That these designations are made upon due consideration of the reports and for the reasons set forth in the reports of the
Buffalo Preservation Board; and
That the Secretary of the Preservation Board be, and hereby is directed to file a description of the historic districts with the
City Clerk, the Planning Board, the Director of the Division of Planning and with the Department of Public Works, Parks and Streets;
and
That the Petitioner is directed to file a description or map of the properties with the Erie County Clerk's Office.
PASSED
AYES - 9 NOES — 0
Leaving on the Table PANAM House & Davidson House
AYES — Davis, Fontana, Golombek, Kearns, Rivera, Russell, Smith 7 NOES — Franczyk, LoCurto 2
NO 66
R. STANTON- PROPOSED IMPROVEMENTS 481 -483 DELAWARE (ELL)
(#48,6/24)(101,7/8/)(#22,7/30)(120,7/22)(# 121,9/16)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 67
NOTIF SERIALS 10240 -10243 (EII)(PW)
( #14,9/2)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 68
LODGING HOUSE LICENSE- 120 CHURCH STREET
(ITEM NO. 42, C.C.P., SEPT. 2, 2008)
That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Lodging House License to Rudi Rainer d /b /a W2007 MVP Buffalo, LLC located at
120 Church Street.
PASSED
AYES -9 NOES -0
RESOLUTIONS
NO 69
BY: MR. FONTANA
RE: AGREE TO MAINTAIN, REPAIR, AND ENERGIZE A HIGHWAY LIGHTING SYSTEM ON OR ALONG
STATE HIGHWAY WITHIN THE GEOGRAPHICAL JURISDICTION OF THE CITY OF BUFFALO -- PEDESTRIAN
BRIDGE OVER NY ROUTE 33, KENSINGTON EXPRESSWAY, PIN 5512.43
WHEREAS: The State of New York Department of Transportation proposes to construct a pedestrian bridge over NY Route 33,
Kensington Expressway, PIN 5512.43, in the County of Erie; and
WHEREAS: The State of New York Department of Transportation proposes to construct a pedestrian bridge over NY Route 33,
Kensington Expressway, PIN5512.43, within the geographical jurisdiction of the City of Buffalo; and
WHEREAS: The City of Buffalo approves of such project and desires to have a highway lighting system on such highway within its
geographical jurisdiction; and
WHEREAS: The State of New York has agreed to provide as part of the project the following items in connection with a street lighting
system:
Underground duct system, including conduits, pull boxes, hand holes and drainage pockets
Ducts, pull boxes and anchor bolts on structures
Foundation for light standards
Light standards (to be provided by the City of Buffalo)
Luminaries (to be provided by National Grid), wiring switches and ballasts and all other components necessary to
complete the lighting system; and
WHEREAS: The City of Buffalo agrees to maintain, repair and energize such highway lighting system for a period of 10 years or until
such time as the Commissioner of Public Works, Parks & Streets, at his discretion, determines that such lighting and /or maintenance
of such lighting is no longer necessary for such highway;
NOW, THEREFORE BE IT RESOLVED:
That the Common Council of the City of Buffalo approves of the above subject project; and
BE IT FURTHER RESOLVED:
That the City of Buffalo shall maintain, repair and energize such highway lighting system; and
BE IT FURTHER RESOLVED:
That the Common Council of the City of Buffalo hereby authorizes Hon. Mayor Byron W. Brown to enter into and execute an Agreement
with the State of New York and through the Commissioner of Transportation to commit the City of Buffalo to maintain, at its own
expense, the lighting system on the above - identified project, such agreement to provide that the maintenance shall include the repair
and replacement of equipment and the furnishing of electric current for the lighting system; and
BE IT FINALLY RESOLVED:
That the City Clerks office is hereby directed to send five (5) certified copies of this resolution to the New York State Department of
Transportation.
PASSED
AYES -9 NOES -0
NO 70
BY: MR. FONTANA
WAIVE CONSTRUCTION FEES & CONTRACTOR LICENSE FEES FOR HABITAT FOR HUMANITY BUFFALO FOR 2009
WHEREAS: Habitat for Humanity has an excellent reputation as a not - for - profit organization; and
WHEREAS: The Habitat for Humanity volunteer work force continues to rehabilitate older homes and build new ones; advancing their
mission to increase home ownership and property tax revenue for the City of Buffalo, all while strengthening our City; and
WHEREAS: In 2008, Habitat for Humanity has completed rehab projects at 38 Glendale, 227 Peach, 106 Hubbell, 449 Breckenridge,
38 Kenova, 44 Brinkman, 95 Vanderbilt, 99 Weber, and 317 Cornwall Avenue; and
WHEREAS: Current rehab projects are underway at 314 Vermont, 374 Woodside, 68 Brinkman, 98 Humason, 421 Cambridge, and
529 LaSalle, with new build projects at 27, 30, 33, 48 Guilford Street and 19 Ferguson Avenue; and
WHEREAS: Habitat for Humanity has completed 182 projects in 23 years of building, which translates to 731 more citizens of Buffalo
now living in decent affordable housing, of which 475 are children; and
WHEREAS: All fees waived by the City of Buffalo will translate directly into reduced building costs and more construction dollars, thus
allowing for more projects to be completed. Ninety cents of every dollar Habitat for Humanity spends is directed towards construction
expenses; and
WHEREAS: The City of Buffalo, and especially this Common Council, seeks to maintain and encourage such a valuable partnership
by increasing our support to all causes aimed at strengthening and revitalizing our "City" neighborhoods;
Now, Therefore be it Resolved:
That the Common Council does hereby request that the Department of Economic Development, Permits & Inspection Services waive
all construction permit fees and contractor license fees for the 2009 calendar year for Habitat for Humanity of Buffalo in order to
promote our goal of increasing home ownership in the City of Buffalo; and
Be it Further Resolved:
That the Commissioner of the Department of Economic Development, Permits & Inspection Services report back to the Common
Council on any and all action taken to achieve the above goal of waiving construction and contractor license Tess for Habitat for
Humanity for the 2009 calendar year, within 30 days of passage of this resolution by the Common Council; and
Be it Finally Resolved:
That the City Clerk is directed to send certified copies of this resolution to Commissioner Brian A. Reilly, EDPI, Alisa Lukasiewicz,
Corporation Counsel and Ronald Talboys, President, Habitat for Humanity Buffalo, 995 Kensington Avenue, Buffalo, NY, 14215 for
their review.
PASSED
AYES -9 NOES -0
NO 71
BY: MR. FRANCZYK
REQUEST FOR AUDIT OF THE RECAPTURE OF CITY ASSETS ON THE TERMINATION OF THE BROADWAY MARKET
MANAGEMENT AGREEMENT
Whereas: The Broadway Market Management Corporation (BMMC) has notified the City of its desire to terminate on October 31, 2008,
its current operating agreement with the City of Buffalo which expired on June 30, 2008 and has since been extended on a month to
month basis; and
Whereas: The City of Buffalo is the owner of the facility more commonly known as the Broadway Market and certain assets and real
property improvements therein as well as day -to -day responsibility for the supervision and management of the facility, will revert to the
City or its operator designee on October 31,2008; and
Whereas: This transaction may affect certain City Departments and Agencies and will require of them that they undertake an
immediate review of the impact that the departure of the BMMC will have on their operations; and
Whereas: All elected and appointed officials and employees of the City of Buffalo are responsible for protecting the interests of the
taxpayers in such matters as well as ensuring a smooth transition for market tenants and the continued viability of market operations for
customers and visitors to this landmark.
Now Therefore Be It Resolved:
That this Common Council hereby requests the Comptroller of the City of Buffalo in concert with any and all affected City Departments
and Agencies, to immediately undertake an audit of the recapture of City assets as well as the transfer of utilities and facility supervision
to the City or its successor operator designee, to protect the interests of City taxpayers and to ensure the seamless transition of
business affairs in anticipation of October 31, 2008; and
Be It Further Resolved:
That the Comptroller report to this Common Council as soon as possible thereafter, on the outcome of efforts by his Department and
other affected City Departments and Agencies to effectuate an orderly transition as stated herein.
ADOPT 1st RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE
NO 72
BY: MR. FRANCZYK
REQUEST FOR STATUS UPDATE ON THE ANNOUNCEMENT OF THE ERIE COUNTY EXECUTIVE OF HIS INTENTION TO
TERMINATE THE INTERMUNICIPAL AGREEMENT TO OPERATE AND MAINTAIN CITY OF BUFFALO PARKLANDS
Whereas: The Erie County Executive as part of his remarks to the media regarding the release of his upcoming budget for the
operation of the County of Erie, NY, for the fiscal period beginning January 1,2009, has stated his intention to terminate the
intermunicipal agreement between the City of Buffalo, NY and the County of Erie, NY together with the Olmsted Conservancy, for the
operation and maintenance of City Parklands; and
Whereas: This transfer of responsibility would greatly impact on the operations and budgets of the County of Erie and the City of
Buffalo and by terms of the agreement, requires that each party give to the other, appropriate notice of termination of the agreement and
the inherent transfer of supervision and responsibility for operation and maintenance of City Parklands; and
Whereas: The current intermunicipal agreement in Article III, par 3.3 states "The County may terminate this Agreement for cause only,
upon one (1) years written notice to the City."
Now Therefore Be It Resolved:
That this Common Council hereby requests that the Department of Public Works, the City Administration and related City Agencies to
immediately file with this Council, any official notice from the County of Erie, NY stating their intention to terminate the existing
intermunicipal agreement for the operation of City Parklands; and
Be It Further Resolved:
That all City Departments and Agencies undertake a review of their operations to assess the impact that the termination of the
intermunicipal agreement for the operation and maintenance of City Parklands could have on their operating, personnel and capital
budgetary needs and file a report of same with the Common Council as soon as possible; and
Be It Finally Resolved:
That the City Administration immediately advise this Common Council of its ongoing efforts, if any, to address this matter including
short and long range planning to assume responsibility for the operation and maintenance of City Parklands should the need arise.
ADOPT 1st and 2nd RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE
NO 73
BY: MR. KEARNS
TRANSFER OF FUNDS
CAPITAL PROJECTS
That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the
sum of $156,977.50 be and hereby is transferred and reappropriated as set forth below.
From:
30058606 - 445100 CONS E/S TFR STN
$156,977.50
To:
30000106 - 445100 Planning Capital Projects
$156,977.50
From:
30000106 - 445100 Planning Capital Projects
$156,977.50
To:
31310406 - 445100 CM/ Infrastructure RPR &RPL
$156,977.50
PASSED
AYES -9 NOES -0
NO 74
SPONSOR(S): MR. LOCURTO, MR. FRANCZYK
RE: WAIVE BUILDING PERMIT AND PLANNING BOARD FEES FOR THE BUFFALO ZOO
WHEREAS: The Buffalo Zoo, the third oldest facility of its kind on the country, over the last several years has made tremendous
progress toward a full renovation of its Delaware Park facility; and
WHEREAS: Their successful campaigns have raised more than $26 million for capital projects which includes updating the Main
Animal Building, creating the Sea Lion Cove and Otter Creek exhibits, as well as the American Rainforest exhibit; and
WHEREAS: The Zoo is now expanding their Veterinary Hospital and constructing a new Children's Zoo at a cost of $2 million and $1.7
million, respectively; and
WHEREAS: The Zoo has worked hard to raise the necessary funds to build these two projects; and
WHEREAS: The Buffalo Common Council desires to assist in any way possible the renovation efforts of the Buffalo Zoo, this
tremendous regional tourist attraction, and a true gem in Buffalo's Olmsted Park System;
NOW THEREFORE BE IT RESOLVED: That the Buffalo Common Council agrees to waive any fees associated with the building
permits and Planning Board review fees required for the expansion of the Buffalo Zoo's Veterinary Hospital and the construction of their
Children's Zoo, in order to assist the Zoo in their ongoing work to make our Zoo the best it can be.
PASSED
AYES - 9 NOES — 0
NO 75
BY: MESSRS. RIVERA AND LOCURTO
RE: ORDINANCE AMENDMENT
CHAPTER 431, TAX PREPARERS, REGULATION THEREOF
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 431 of the Code of the City of Buffalo be amended to read as follows: 431 -1. Definitions
A. For the purposes of this section, the term "tax preparer" or "preparer" means a person, partnership, corporation or other business
entity, that for valuable consideration advises or assists or offers to advise or assist in the preparation of income tax returns for another.
B. For the purposes of this subchapter, the term "refund anticipation loan" means any loan a taxpayer may receive against his or her
anticipated income tax refund.
§431 -2. Disclosure
A. A tax preparer who is required, pursuant to federal, state or local law or regulation, to sign income tax returns as a preparer shall
prominently and conspicuously post on the business premises an identification and qualification statement. The statement shall
include, but is not limited to, the name of the tax preparer, an address and phone number at which the tax preparer can be contacted
throughout the year, and a statement of any qualifications possessed by the tax preparer, which may include a statement of satisfactory
completion of an educational or training program in income tax law, theory or practice by the preparer.
B. The tax preparer shall provide the customer with a receipt containing an address and phone number at which the preparer can be
contacted throughout the year.
§431 -3. Records
No tax preparer shall intentionally misstate or misrepresent any information relating to his or her education, training or experience on an
identification and qualification statement. A tax preparer shall maintain records to substantiate all of the information contained on such a
statement; provided, however, that an affidavit signed by the tax preparer indicating that the information contained on a statement is true
shall be sufficient to substantiate any information if other records are not available. Such records and /or affidavit shall be kept on file on
the business premises and shall be presented on demand for inspection by the Buffalo Police Department.
§431 -4. Refund Anticipation Loans
A. Any tax preparer who advertises the availability of a refund anticipation loan may not directly or indirectly represent such a loan as a
refund. Any advertisement which mentions a refund anticipation loan must state conspicuously that it is a loan and that a fee or interest
will be charged by the lending institution. The advertisement must also disclose the name of the lending institution.
B. Before any taxpayer enters into a refund anticipation loan, the tax preparer facilitating such loan shall provide the following disclosure
to the taxpayer in writing, in English and Spanish, in at least 14 -point type. In the event that the taxpayer does not understand English or
Spanish, the tax preparer shall also provide a point -by -point oral explanation of the following required disclosure in a language
understood by the tax paver."
'YOU ARE NOT REQUIRED TO ENTER INTO THIS REFUND ANTICIPATION LOAN AGREEMENT MERELY BECAUSE YOU
HAVE RECEIVED THIS INFORMATION.
• IF YOU DO SIGN A CONTRACT FOR A REFUND ANTICIPATION LOAN, YOU WILL BE TAKING OUT A LOAN. YOU WILL BE
RESPONSIBLE FOR REPAYMENT OF THE ENTIRE LOAN AMOUNT AND ALL RELATED COSTS AND FEES, REGARDLESS
OF HOW MUCH MONEY YOU ACTUALLY RECEIVE IN YOUR TAX REFUND.
• IF YOU DO NOT TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU ARE ELIGIBLE TO RECEIVE A GROSS TAX
REFUND OF APPROXIMATELY $ (insert amount).
• IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU WILL BE RESPONSIBLE TO PAY $ (insert amount) IN
FEES FOR THE LOAN. AFTER THESE FEES ARE PAID, YOU WILL RECEIVE APPROXIMATELY $ (insert amount) AS YOUR
LOAN.
• THE ESTIMATED ANNUAL PERCENTAGE RATE OF YOUR REFUND ANTICIPATION LOAN IS (insert amount) %. THIS IS
BASED ON THE ACTUAL AMOUNT OF TIME YOU WILL BE LENT MONEY THROUGH THIS REFUND ANTICIPATION LOAN.
• IF YOU DO TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU CAN EXPECT TO RECEIVE YOUR LOAN WITHIN
APPROXIMATELY TWO BUSINESS DAYS OF (insert date).
• IF YOU DO NOT TAKE OUT THIS REFUND ANTICIPATION LOAN, YOU CAN STILL RECEIVE YOUR TAX REFUND
QUICKLY. IF YOU FILE YOUR TAX RETURN ELECTRONICALLY AND RECEIVE YOUR TAX REFUND
THROUGH THE MAIL, YOU CAN EXPECT TO RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO BUSINESS DAYS
OF [insert date]. IF YOU FILE YOUR TAX RETURN ELECTRONICALLY AND HAVE YOUR TAX REFUND DIRECTLY
DEPOSITED INTO A BANK ACCOUNT, YOU CAN EXPECT TO RECEIVE YOUR REFUND WITHIN APPROXIMATELY TWO
BUSINESS DAYS OF (insert date).
C. It shall be the obligation of the tax preparer to complete the required disclosure accurately with all relevant information for each
taxpayer, to provide the required point -by -point oral explanation when necessary, and to ensure that the completed disclosure form is
signed by the taxpayer before he or she enters into a refund anticipation loan.
§431 -5. Exemptions.
Apart from §431 -2 and the accompanying penalties as listed in §431 -6, the provisions of this subchapter shall not apply to:
A. An officer or employee of a corporation or business enterprise who, in his or her capacity as such, advises or assists in the
preparation of income tax returns relating to such corporation or business enterprise.
B. An attorney at law who advises or assists in the preparation of income tax returns in the practice of law and the employees thereof.
C. A fiduciary and the employees thereof who advise or assist in the preparation of income tax returns on behalf of the fiduciary estate,
the testator, trustee, grantor or beneficiaries thereof.
D. A certified public accountant and the employees thereof.
E. A public accountant licensed pursuant to the education law and the employees
thereof.
F. An employee of a governmental unit, agency or instrumentality who advises or assists in the preparation of income tax returns in the
performance of his or her official duties.
G. An agent enrolled to practice before the internal revenue service pursuant to
section 10.4 of subpart A of part ten of title thirty -one of the code of federal regulations.
§431 -6. Penalties
Any person, partnership, corporation or other business entity who violates any provision of this subchapter or any of the regulations
promulgated hereunder shall be liable for a civil penalty of two hundred fifty dollars for the first violation and for each succeeding
violation a civil penalty of five hundred dollars.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 76
SPONSOR: MRS. RUSSELL
MAIN STREET RECONSTRUCTION PROJECT -PHASE I- HERTEL AVENUE TO BAILEY AVENUE - P.I.N. NO.: 6034.93
WHEREAS, On December 19, 2003, the City of Buffalo, Department of Public Works, Parks and streets received bids for Phase I of
the Main Street Reconstruction Project, for the reconstruction of Main Street from NY Route 198 to Hertel Avenue, PIN 3 5034.93 and
said bids were forthwhile reported to the Common Council for approval; and
WHEREAS, On January 6, 2004, the Common Council of the City of Buffalo accepted said bids and authorized the Commissioner of
Public Works, Parks and Streets to enter into a contract with the lowest responsible bidder, that being CATCO, 1298 Townline Road,
Alden, NY 14004, with a total bid price of $16,061,028.23; and
WHEREAS, The Commissioner thereafter executed a standard construction contract with CATCO for the above - referenced
construction project;
WHEREAS, As part of said contract, the City was authorized to maintain a retention fund in order to satisfy any claims made against
the contractor and /or its subcontractors for negligence resulting in property damage during the construction project; and
WHEREAS, There remains at least one outstanding claim against CATCO and /or its subcontractors for property damage incurred as a
result of said construction project; and
WHEREAS, Upon information and belief, the retention fund established for said project has not yet been released to the Contractor;
and
WHEREAS, By copy of this Resolution, the Commissioner of Public Works, Parks and Streets is hereby notified of the existence of
outstanding claims against the contractor and /or its subcontractors relative to this project.
NOW THERFORE BE IT RESOLVED,
That the Commissioner of Public Works, Parks and Streets is hereby directed to withhold the retention fund established in connection
with the contract for Phase I of the Main Street Reconstruction Project -Phase I from Hertel Avenue to Bailey Avenue, PIN #5034.93
until he has verified that all outstanding claims against the contractor an d its subcontractors have been resolved; and
BE IT FURTHER RESOLVED:
That a copy of this Resolution be forwarded to the Commissioner of Public Works, Parks and Streets forthwith; and
BE IT FURTHER RESOLVED:
That the Commissioner of Public Works, Parks and Streets is directed to report the release of the retention fund for the above -
referenced project to the Contractor to the Common Council, after he has verified that all outstanding claims against the Contractor
and /or its subcontractors have been resolved.
PASSED
AYES -9 NOES -0
NO 77
BY: MRS. RUSSELL
RE: ORDINANCE AMENDMENT
CHAPTER 264, RENTAL DWELLING UNIT REGISTRATION
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 264 of the Code of the City of Buffalo be amended to read as follows:
Chapter 264, RENTAL DWELLING UNIT REGISTRATION
[HISTORY: Adopted by the Common Council of the City of Buffalo 9 -8 -1998, effective 9 -25 -1998; amended in its entirety 7 -6 -2004,
effective 7 -16 -2004. Subsequent amendments noted where applicable.]
GENERALREFERENCES
Certificates of occupancy -- See Ch. 129.
Housing standards -- See Ch. 242.
Property maintenance -- See Ch. 341.
§ 264 -1. Legislative findings and intent.
The Common Council of the City of Buffalo hereby finds and declares that the rental of dwelling units constitutes a business which
impacts upon the public health, safety and general welfare of the people of the City of Buffalo. The intent of this chapter is to regulate
the offering for rental of dwelling units to protect the public health; safety and general welfare of the people of the City of Buffalo and to
further achieve the following beneficial purposes:
A. The protection of the character and stability of residential areas;
B. The correction and prevention of housing conditions that adversely affect or are likely to adversely affect the life, safety, general
welfare and health, including the physical, mental and social well -being of persons occupying dwellings;
C. The enforcement of minimum standards for heating, plumbing and other sanitary equipment necessary for health and safety;
D. The enforcement of minimum standards for light and ventilation necessary for health and safety;
E. The enforcement of minimum standards for the maintenance of existing residential buildings and the prevention of slum and
blight conditions;
F. The preservation of the value of land and buildings throughout the City.
§ 264 -2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER OF PERMIT AND INSPECTION SERVICES or COMMISSIONER -- The Commissioner of Permit and Inspection
Services or his designee.
DWELLING UNIT -- A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively
as a domicile or residence of one or more human beings.
HOUSING CODE -- All state and local laws, codes, ordinances, rules and regulations for the establishment and maintenance of
housing standards.
OWNER -- The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee or agent.
§ 264 -3. Rental dwelling unit registration required; exemptions.
A. Registration required. No person shall allow to be occupied, or rent to another for occupancy, any dwelling unit unless the owner has
first obtained a rental dwelling unit registration certificate as hereafter provided.
B. Exemptions. The provisions of this chapter shall not apply to owner - occupied properties
containing two or fewer dwelling units; hotels; motels; bed - and - breakfast establishments; rooming or boarding houses; hospitals;
nursing homes; or other dwelling units which offer or provide medical or nursing services if such units are subject to state or federal
licensing or regulations concerning the safety of the user, patients or tenants. The provisions of this chapter shall not apply to buildings
having an existing and valid certificate of occupancy. [Amended 1 -11 -2005, effective 1 -24 -2005]
§ 264 -4. Application for registration.
A. Within 60 days after the effective date of this chapter, the owner of each dwelling unit existing on the effective date of this chapter
shall make written application to the Commissioner of Permit and Inspection Services for a rental dwelling unit registration certificate. In
addition, the owner of each dwelling unit constructed after the effective date of this chapter shall make written application to the building
official for a rental dwelling unit registration certificate as herein provided prior to any initial occupancy. Such application shall be made
on a form furnished by the Commissioner and shall set forth the following information, in addition to other information required by the
Commissioner from time to time which may be necessary to administer, enforce, and insure compliance with the provisions of this
chapter and the housing code.
(1) Name, principal residence address, principal business address and telephone number of the owner.
(2) If the owner is an association, limited liability partnership, joint tenancy, tenancy in common or tenancy by the entirety, then each and
every owner or general partner shall be indicated on the application and register an address in accordance with Subsection A(1) of this
section.
(3) If the owner is a corporation, the principal place of business of the corporation must be provided and the name, title and residence
address of all officers, directors, managing or general agents must be included.
(4) If the owner has designated an agent or managing company, then the name, principal residence address, principal business
address and telephone number of such agent or managing company must be included in addition to that of the owner.
(5) It shall be the responsibility of the owner to properly register any change of address, agent or any other information which occurs
aider the filing of the application.
(6) For purposes of this section, a post office box shall not be accepted as the owner's address. Further, the building intended to be
licensed shall not be accepted as the owner's address unless it is the principal place of business or residence of the owner.
(7) The owner shall specify the address to which all notices of violation issued pursuant to § 264,15 of this chapter, and other violations
of the housing codes, and invoices for fees are to be forwarded.
(8) If the owner does not reside within the County of Erie (New York State), the name address and telephone number of a contact /agent
who resides in the County of Erie (New York) must be provided.
B. Failure to provide such information shall be grounds to deny a rental dwelling unit registration certificate.
§ 264 -5. (Reserved)
§ 264 -6. Issuance or denial of rental dwelling unit registration.
Upon completion of an inspection of a building and dwelling units therein, if the Commissioner finds noncompliance with the
housing code, the Commissioner shall issue a notice of violation in accordance with § 264 -15 of this chapter for the correction of any
violations of the housing code. Upon reinspection, if the Commissioner finds noncompliance with the notice of violation the
Commissioner shall deny a certificate or revoke any issued certificate in accordance with the procedure set forth in § 264 -10 of this
chapter: The Commissioner shall issue a written statement setting forth the reasons for the denial or revocation.
§ 264 -7. Effect of denial or revocation.
A. Vacant units. When a rental dwelling unit registration certificate has been denied or revoked, no further rental and occupancy
of dwelling units then vacant shall be permitted until a rental dwelling unit registration certificate has been issued.
B. Occupied units. In addition to other penalties under this chapter, when a rental dwelling unit registration certificate has been denied
or revoked, the dwelling units containing such violations shall be vacated after the Commissioner provides notice to the owner and the
occupants of the dwelling units containing said violations. Such notice shall direct the owner and occupants of the dwelling units
containing such violations to vacate within a period of time as determined by the Commissioner and may provide a reasonable period for
the owner or occupants an opportunity to correct such violations. For the owner, such notice shall be mailed by first class mail to the
owner at the address provided by the owner pursuant to § 264 -4 of this chapter or personally served upon the owner by delivering the
notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business.
For the occupants, such notice shall be mailed to the occupant at tile dwelling unit or posted conspicuously at the occupant's dwelling
unit. Vacated dwelling units shall not be reoccupied until a rental dwelling unit registration certificate has been issued.
C. Occupied units; immediate hazard. In addition to other penalties under this chapter, when a rental dwelling unit registration certificate
has been denied or revoked for reasons which, in the determination of the Commissioner, present violations of the housing code that
create an immediate hazard to the health and safety of the occupants, the dwelling units containing such violations shall be vacated
within 30 days of such determination. The Commissioner's determination shall be in writing and shall direct the owner and occupants of
the dwelling units containing such violations to vacate the premises within a period of time not to exceed 30 days, as determined by the
Commissioner. The Commissioner's determination shall be mailed by first -class mail to the owner at the address provided by the owner
pursuant to § 264 -4 of this chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice
to a person of suitable age and discretion at the owner's residence or place of business. The Commissioner's determination shall also
be posted at the subject building and, to the extent possible, it shall also be posted conspicuously at each dwelling unit. Vacated
dwelling units shall not be reoccupied until a rental dwelling unit registration certificate has been issued.
D. The notices provided under this section shall not be used to institute, or deemed to establish sufficient grounds for, a summary
eviction proceeding under the Real Property Actions and Proceedings Law.
§ 264 -8. Term of rental dwelling unit registration.
A rental dwelling unit registration issued pursuant to this chapter shall expire one year after the date of its issuance, unless sooner
revoked pursuant to § 264 -10. Within 60 days prior to the expiration of a rental dwelling unit registration certificate, the owner shall
make written application for a rental dwelling unit registration in accordance with 264 -4 of this chapter. In no event shall a certificate be
issued pursuant to this chapter remain in effect more than one year after the date of its issuance unless further extended by the
Commissioner for sufficient cause.
§ 264 -9. Transfer of rental dwelling unit registration.
A rental dwelling unit registration issued pursuant to this chapter is transferable to any person who has acquired ownership of a
registered building for the unexpired portion of the one -year term for which it was issued, provided that an application to transfer such
certificate is filed with the Commissioner within 30 days of title transfer and the dwelling units therein are in compliance with the
housing code.
§ 264 -10. Revocation of rental dwelling unit registration certificate.
A. A rental dwelling unit registration certificate issued pursuant to this chapter may be revoked by the Commissioner for any one or
more of the following reasons.
(1) Fraud, misrepresentation or a false statement as to a material fact in the application.
(2) A finding that a rental dwelling unit registration was issued in error and not in accordance with applicable law.
(3) A violation of any of the provisions of this chapter, including noncompliance with a notice of violation issued pursuant to § 264 -15.
(4) The Commissioner or his designated representative determines that the rental dwelling unit does not substantially conform with this
Chapter or the New York State Uniform Fire Prevention and Building Code.
B. Prior to such revocation, the Commissioner shall hold a hearing, after at least 10 days' notice of the time and place of the hearing
provided to the owner. The Commissioner shall issue a written statement setting forth the reasons for the decision.
§ 264 -11. Duties of certificate holder.
Every holder of a rental dwelling unit registration certificate shall:
A. Conspicuously post the certificate in a protected mounting in the public corridor, hallway or lobby of the building for which the
certificate was issued. This posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the
entrance of each dwelling unit. In the alternative to such posting, the license shall be produced by the owner at the request of a tenant,
a prospective tenant or upon demand of the Commissioner.
B. Conform with all other applicable state, county and City laws and ordinances on matters, not specifically addressed in this chapter.
§ 264 -12. Fees.
A. The Commissioner shall review the fee schedule annually and recommend changes as he deems appropriate, to the Common
Council.
§ 264 -13. Penalties for offenses. [Amended 4 -22 -2005, effective 4 -25 -2005]
A. Any violation of this chapter by a person, firm, corporation or other entity shall be a violation punishable in accordance with the
general penalty provisions under Buffalo Code § 1 -15, with said penalties to be in addition to the revocation of a rental dwelling unit
registration certificate issued under the provisions of this chapter. In addition, the annual registration fee will double 30 days after the
due date has passed and a second invoice for payment has been sent first -class mail to the owner. In addition, a summons will be
issued 60 days after the due date has passed and a fine in the amount of $75.00 will be imposed in addition to all outstanding
registration fees and late charges. Furthermore, a notice to vacate may be issued and all tenants removed for failure to register a
dwelling unit 30 days after the due date has passed and after notice to the owner and occupants by the Commissioner.
B. Notwithstanding the lack of a specific reference thereto, failure to comply with any section, provision or requirement in this chapte
shall be a violation and shall be punishable by a fine or penalty of not more than $1,500 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment, for each such offense and any other applicable state statutes. This chapter is a part of the City
health, safety, housing, building, fire prevention and housing codes, and a violation thereof shall be deemed to be a violation for
purposes of state statutes allowing escrow of rent to remedy violations. Any charges involving violations of this chapter may be brought
before the Housing Part in Buffalo City Court.
§ 264 -14. Enforcement inspection criteria and authority.
A. Upon the rental dwelling unit being registered, the owner of the rental dwelling unit consents to the inspection of the dwelling unit by
the Commissioner or his designated representative. The Commissioner or his designated representative may make an inspection of the
rental dwelling unit to determine whether or not such rental dwelling unit is in substantial compliance with this Chapter and the New
York State Uniform Fire Prevention and Building Codes. At the conclusion of said inspection, the Commissioner or his designated
representative shall provide the Owner or the Owner's representative at the inspection with a cop, of the results of the inspection.
B. If the results of the inspection conducted pursuant to §264 -14(A) above demonstrate that the dwelling unit is in substantial
compliance with this Chapter and the New York State Uniform Fire Prevention and Building Codes, the Owner of the dwelling unit shall
be entitled to retain his or her Rental Dwelling Unit Registration Certificate.
[Inspection criteria. The Commissioner shall not inspect any rental dwelling unit for the purpose of registration unless it falls within one
or more of the following criteria, and a registration certificate will not be issued if one of the following occurs:
(1) The owner fails to properly register subject properties, or this registration certificate is revoked;
(2) Such unit has been abandoned by the owner, or the owner of such unit cannot be found;
(3) An excessive amount of exterior inspection violations or excessive callback fees have been imposed or billed as a result of
enforcement activity under Chapter 137 of the Legislative Code;
(4) The unit is on a parcel of land which is on the list of delinquent taxes filed by the Department of Assessment and Taxation, or on a
list of delinquent user fee charges, or outstanding administrative adjudication charges, or any other collection accounts outstanding with
the City of Buffalo;
(5) The unit or the property within which the unit is located has, within the preceding three months, been the subject of a written petition
filed with the Office of Citizen Services or by any district Councilmember, which petition requests that such unit be inspected and is
signed by five or more persons having personal knowledge of the unit or property, stating one or more reasons why such unit should be
inspected by the City;
(6) The Commissioner has probable cause to believe that there exists within such unit one or more violations of codes which constitute
a serious danger to the health, safety and welfare of persons living in such unit, or which would make the unit or structure in which the
unit was located a dangerous structure or unfit for human habitation under § 242 -9 of the Legislative Code.
(7) If the owner has failed or refused to pay fees to the City for inspections or certificates;
B. The Commissioner is hereby authorized to make or cause to be made inspections of premises subject to the requirements of this
chapter to determine the condition of dwelling units in order to enforce the provisions of this chapter. The Commissioner is authorized to
enter, upon consent of the owner, any premises or dwelling unit subject to the requirements of this chapter in order to enforce the
provisions of this chapter.
C. Inspection access. If any owner, occupant or other person in charge of a dwelling or dwelling units fails or refuses to permit free
access and entry to the structure or premises under his control for any inspection pursuant to this chapter, the Commissioner may seek
a search warrant or other appropriate court order authorizing entry. Nothing in this chapter shall be deemed to authorize the
Commissioner to conduct an inspection of any premises subject to this chapter without the consent of the owner, or occupant, or other
person in charge of the property, or a warrant duly issued by an appropriate court.]
§ 264 -15. Notice of violation.
A. Whenever the Commissioner determines that a building or a dwelling unit contained therein is in violation of the housing code, he
shall issue a notice of violation setting forth at a minimum:
(1) The location of the subject property;
(2) Specific violations of the housing code; and
(3) A reasonable time, not to exceed 60 days, for the correction of any violations.
B. Such notice may contain any additional information as determined by the Commissioner which may be necessary to achieve the
goals of this chapter.
C. For purposes of this chapter, the Commissioner may grant additional time to correct violations of the housing code beyond 60 days
for sufficient cause as determined by the Commissioner. Any such extensions shall be issued in writing by the Commissioner stating
the reasons for such extension and otherwise in accordance with the requirements of this section.
D. The notice of violation may be mailed by first class mail to the address provided by the owner pursuant to § 264 -4 of this chapter.
§ 264 -16. Tenant accountability.
A. With respect to the dwelling unit which the tenant occupies, controls or uses, the tenant shall be responsible for the following
standards.
(1) Occupancy limitations and the lawful use of a dwelling unit.
(2) Maintenance of the dwelling unit in a clean, safe and sanitary condition.
(3) Maintenance of plumbing, cooking and refrigeration equipment; appliances, fixtures and facilities contained in the dwelling unit in a
clean and sanitary condition and providing reasonable care in the operation and use thereof.
(4) Keeping exits in the dwelling unit free and clear.
(5) Disposing of garbage and refuse into provided facilities in a sanitary manner and keeping the dwelling unit free and clear from
garbage, refuse and debris.
(6) Keeping domestic animals and pets in an appropriate manner and under control.
B. To the extent that the owner can provide the Commissioner with competent evidence that tenants have not complied with the above
standards or that the tenants have contributed to the existence of housing code violations at the property, the Commissioner may deem
such circumstances to be sufficient cause to extend time for the correction of the violations pursuant to § 264 -15 of this chapter.
§ 264 -17. Appeals.
A. Any person affected by any notice or order which has been issued under any provision of this chapter or of any rule or regulation
adopted pursuant thereto may request and shall be granted a hearing on the matter before the Commissioner of Permit and Inspection
Services. Upon receipt of a written petition from such person, which petition shall contain a brief statement of the grounds therefor, the
Commissioner shall hold a hearing, at which time such person shall be given an opportunity to show why such notice or order should be
modified or withdrawn. No such hearing shall be required unless the petition therefor shall have been filed in. the office of the
Commissioner within five days after the date the notice or order was issued. On receipt of such petition, the Commissioner shall set a
time and place for such hearing and shall give the petitioner written notice thereof. The hearing shall be commenced not later than 10
days after the date on which the petition was filed. After such hearing, the Commissioner may sustain, modify or withdraw the notice or
order complained of by the petitioner, depending upon his finding as to whether the provisions of this chapter and of rules and
regulations adopted pursuant thereto have been complied with. After any such hearing, in the case of any notice or order suspending
any permit required by this chapter, when such notice or order has been sustained by the Commissioner, such suspended permit shall
be deemed to have been revoked. The proceedings at such hearing, including the findings and decision of the Commissioner, shall be
reduced to writing and entered as a matter of public record in the Office of the Commissioner. Such record shall also include a copy of
every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Commissioner may appeal there
from to any court of competent jurisdiction under the procedures provided by the laws of this state.
B. No provision or requirement herein contained for a hearing shall in any way whatsoever affect or impair the right of the Commissioner
to at any time bring such legal proceedings, actions or prosecutions as otherwise or elsewhere are permitted by law or ordinance.
C. Whenever the Commissioner finds that an emergency exists which requires immediate action to protect the public health, he may,
without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he
deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective
immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the
Commissioner, shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the
provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with, the Commissioner shall
continue such order in effect or modify or revoke it.
§ 264 -18. Severability.
If a term, part or provision, section, subdivision or paragraph of this chapter shall be held unconstitutional, invalid or ineffective, in whole
or in part, such determination shall not be deemed to affect, impair or invalidate the remaining terms, parts, provisions, sections,
subdivisions and paragraphs.
§ 264 -19. Commissioner's regulations.
The Commissioner is authorized to promulgate regulations consistent with the provisions of this chapter in order to carry out the
objectives of this legislation.
§ 264 -20. Remedies not exclusive.
The provisions of this chapter are not exclusive, and are in addition to and do not supersede or preempt other remedies or provisions of
the City, state, or federal laws and housing codes as may apply.
§ 264 -21. Fees. [Amended 4 -22 -2005, effective 4 -25 -2005; 6 -14 -2005, effective 6 -24 -2005]
A. Certificate issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration
certificate and the first year fee shall be $20 for a rental dwelling unit in a single - family dwelling and $40 for a two -unit rental dwelling.
B. Annum renewal fee. The owner of a rental dwelling unit shall pay an annual renewal fee of $10 for a single -unit rental dwelling and
$20 for a two -unit rental dwelling, commencing on January I, 2006, and payable each year thereafter. The owner remains obligated to
pay such fee during ownership of the rental dwelling unit and shall pay any delinquencies therein before transferring all or any part of
the ownership of said unit. Notwithstanding the foregoing, a new owner making application for a certificate is obligated, and shall be
required, to pay all such current and delinquent annual fees with the application. All funds generated from the Rental Dwelling Unit
Registration Ordinance shall be placed in a designated T &A account starting in the 2006 -2007 fiscal year. The use of these funds shall
be solely for the hiring of an additional staff person and /or necessary equipment for the Rental Dwelling Unit Registration Program in
the Department of Permit and Inspection Services.
C. No fee for new buildings. There shall be no fee charged for the issuance of a rental dwelling unit registration certificate for new
dwellings at the completion of their construction covered by a building permit.
D. Inspection fees. Every property owner shall pay a fee of $75, to be assessed against the property, for each inspection after the
second inspection in which violations of a state or local building code are found, unless such fee is waived by the Bureau of
Administrative Adjudication. Inspectors shall assess the fee, after consultation with the Chief Building Inspector or the Commissioner of
Inspections, Licenses and Permits, when, in the evaluation of the inspector, the status of the violation has not progressed or been
satisfactorily completed. The fee shall not be applicable to inspections ordered after the commencement of a court action.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 78
BY: DEMONE SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008, conditional, upon
the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
• Todd Nibbe
• Robin M. Barker
Total: 2
ADOPTED
NO 79
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 5, 2008 at 9:45 o'clock AM
Committee on Finance
Wednesday, November 5, 2008 at 10:00 o'clock AM
following Civil Service
Committee on Comm. Dev.
Wednesday, November 5, 2008 at 1:00 o'clock PM
Committee on Legislation
Wednesday, November 5, 2008 at 2:00 o'clock PM
Special Committees
Committee on Finance
Wednesday, October 29, 2008 at 1:00 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 80
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. Rivera, the Council adjourned at 2:47 PM
GERALD CHWALINSKI
CITY CLERK
Oct 28, 2008