HomeMy WebLinkAbout08-0122pp (2)1/22/2008
No. 2
PROCEEDINGS
OF THE
CITY OF BUFFALO
January 22, 2008
POLICE & FIRE PENSION
January 17, 2008
Jan 22, 2008
1/22/2008
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
I-11:2xd Fill W9161 krihri111 i94 *1
BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A. Fontana,
Joseph Golombek, Jr, David A. Rivera, Members
EDUCATION COMMITTEE ;Demone Smith Chairman, Brian C. Davis, Richard A. Fontana, Members
WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek, jr,
David A.Rivera, members
COMMON COUNCIL
CITY HALL - BUFFALO
Tuesday, JANUARY 22, 2008
AT 2:00 p.m.
PRESENT — David A. Franczyk, President of the Council, and Council Members, Davis, Fontana, Golombek, Kearns, LoCurto, Rivera
Russell and Smith — 9
Jan 22, 2008
1/22/2008
ABSENT - None
Jan 22, 2008
1/22/2008
INVOCATION - PLEDGE TO FLAG
CORRECTED
2008 "'
- FINAL
"January 22,
Jan 22, 2008
2:00 PM
MAYOR
1. 2008 -2009 Annual Action Plan(Yr 34 Community Development Block Grant)
CD
2. Appt Deputy Mayor(Exempt)(Brown)CS
3. Appt Dir. Of Gov. Research & Analysis(Exempt)(Savage III)
CS
MAYOR - EXECUTIVE
4. Cit Sery -Appt Commission on Citizens' Rights & Comm Relations Bd(Colston)
LEG,COLL
5. Cit Sery -Appt Coord. of Anti - Graffiti & Clean City Prog(Prov)(Inter)(Mirti)
CS
6. Plan Bd- Negative Declaration 1250 Amherst St.((Del)
R &F
7. Plan Bd- Negative Declaration 75 East Huron St.(EII)
R &F
8. Plan Bd- Negative Declaration 1159 Main St.(EII)
R &F
9. Strat Plan -Bflo Presv.Bd Request for Lead Agency Status:Proposed Adult Ed. Sign at
Elmwood Ave and Edward St.
APP
10. Strat Plan- Permission to Contract With the BERC- Jefferson Ave Incubator Project
FIN
11. Strat Plan- Permission for the COB to Contract With BERC- Steelfields Property Acquisition to
Facilitate Brownfield Rehabiltation
FIN
12. Strat Plan- Request to Contract -IRA G. Ross Eye Institute
FIN
13. Strat Plan- Request Lease Agree. Between the COB & Comm. Action
Organization of EC, Inc. for Use of 326 -328 High St.(EII)
FIN
14. Strat Plan - Results -Real Estate Auction September 22, 2007
FIN
COMPTROLLER
15. Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2007
BUDGET
16- 15A. Certificate of Necessity Common Council Leg
R &F
COUNCIL PRESIDENT
17- 16. Appt Joseph Golombek Jr. Chairman Legislation Comm and Michael J. LoCurto Chairman
Community Development Comm
R &F
MANAGEMENT INFORMATION SYSTEMS
18- 17. Approval of a Contract for a New Telephone System
APP
PUBLIC WORKS
19- 18. Capital Outlay Vehicle Purchase-APP
20-19. Change in Contract Northwest Comm. Ctr Emerg Masonry Reconstruction(North)
APP
21-20. Change in Contract- Repair to City Pavements, 2007
APP
22-21. Change in Contract Scajaquada Pathway Phase 3(North)
APP
23-22. Emergency Clean -Up and Asbestos Abatement at Buffalo Police Hdq (Ell)
APP
24-23. Establishment of Lead Agency & Coordinated Review to Manage Facilities
APP
25- 24. Reduction in Retention City Hall Fagade Rest, Phase 1(Ell)
APP
26-25. Report of Bids Police Hdq Garage Emergency Deck Repair(Ell)
APP
27- 26. Appt Supervisor of Street Sanitation I(Prov)(Max)(Miller)
CS
POLICE
28- 27. Approval to Dispose of Old Gym Equipment
APP
29- 28. Re -entry Grant with BERC and Department of Community Services
CD
30- 29. Use Drug Asset Forf Monies for Seized Vehicle
APP
PERMITS & INSPECTIONS
31- 30. Food Store License 2005 Genesee(Lov)
LEG
32- 31. Restaurant Dance License(Renewal) 120 Church (Ell)
LEG
33- 32. Used Car Dealer 908 Genesee(Fill).LEG
COMMUNITY SERVICES
34- 33. Acceptance of Grant Award -Total cost $36,324.00
APP
35- 34. Permission to Accept Funds from State of New York Governor's Traffic Safety Comm
APP
CITY CLERK
36- 35. Liquor License Applications_R &F
37- 36. Leaves of Absence R &F
38- 36A. Notices of Appointments - Council Interns
ADOPT
39- 37. Notices of Appointments - Seasonal
R &F
40- 38. Notices of Appointments - Temp. /Prov. /Perm.
CS
MISCELLANEOUS
41- 39. LP Ciminelli -Board Packet Documents January 2008
R &F
42- 40. J. Cinquino- Appointment of Thomas Herrera - Mishler to CEO of Olmsted Conservancy
R &F
43- 41. B. Davis -Legal Aid Bureau Monthly Reports
R &F
44- 42. B. Davis -P. Tantilo -41 Court st Empire Zone Request
CD, OSP
45- 43. J. Golombek -D Colligan -River Rock Baseball League Concerns
Bflo Olmsted Parks Consery 20 yr Plan
R &F
46- 44. NYSDEC Resolution Supporting the Eligibility of 432 Pearl St and 267 Franklin St in
NYS Brownfield Cleanup Program
CD
47- 45. C. Paladino- Concerns Sale of Main Place Mall Ramp
FIN,PKBD
PETITIONS
Jan 22, 2008
1/22/2008
48- 46. J. Kanutso,Agent,Use 2299 S Park AKA 2301 S. Park, Alterations to an
Jan 22, 2008
Existing Rest. (South)(Hrg 1/29)
LEG,CPBD
49- 46A T. Green, Agent, Use 30 Wyoming for A HSF(Mas)
LEG,CPBD
50- 47. D. Bradley & O- Oppose Development of Property Surrounding NFTA Railroad Properties
LEG
RESOLUTIONS
84- 48. Davis
Ord Amd -Ch 437, Taxicabs, Liveries, and Sightseeing Buses
LEG
85- 49. Davis
Hang Banner for Mardi Gras
APP
86- 50. Fontana
Appoint Legislative Aide(Bollman)
ADOPT
87- 50A. Fontana
Auth Res First Amendment to Ground Lease of Schools
APP
88- 51. Franczyk
Key Bank Departure From Broadway Market
CD
89- 52. Franczyk
Water Intake Power Generator
CD,PW
90- 52A Kearns
Transfer of Funds Common Council Leg
APP
91- 53. LoCurto
Appoint Legislative Assistant(Hamm)Sr Legislative Assist(Bray)
ADOPT
92- 54. LoCurto
Appoint Assistant Legislative Aide(Sanders)
ADOPT
93- 54A Golombek
Disch Leg CCP# 24, 11/27/2007-Wholesale Junk Dealer
49 Hopkins (South)(EDPI)
ADOPT D/C API
94- 55. Smith
Equity in Energy /Utility Funding
FIN
95- 56. Smith
Comm of Deeds - Public Duties
ADOPT
96- 57. Smith
Comm of Deeds
ADOPT
SUBMISSION LIST OF
COMMITTEE ITEMS FOR THE COUNCIL MEETING
FINANCE
51- 1. Res 2
Jan 9 Budget and Personnel Amendment - Legislative
APP
52- 2. Com 9
Jan 8 Buffalo Skyway Maintenance and Closure Issues(PW)
W /FRONT
53- 3. Com 12
Oct 30 Response to CM LoCurto's Year 32 Block Grant Request(Stat Plan)
R &F
54- 4. No 58
Oct 16 J. Ostrowski - Proposal of Free NY, Inc to Purchase Fairfield Library
R &F
COMMUNITY DEVELOPMENT
55- 5.Com 5
Jan 8 Results Neg 436 & 440 Rhode Island (Nia)(Strat Plan)
APP
56- 6. Com 22
Apr 3 Action Plan for COB for Fiscal Year 2007 -2008 (CP)
ADOPT
LEGISLATION
57- 7. Com 2
Dec 11 Appointment Elevator Safety Review Board(Couch)(Mayor)
R &F
58- 8. Com 21
Nov 13 Utilizing The Buffalo Police to Assist with Quality of Life Problems(Police)
R &F
59- 9. Com 23
Dec 26 Food Store License -1358 Broadway (Fill)(EDPI)
APP
60- 10. No 86
Oct 30 Rest Dance Class III -45 Chippewa West(Ell)(EDPI)
( #26,4/1)( #92,10/2)( #94,10/16)
R &F
61- 11. Com 36
Oct 16 Utilizing Bflo Special Police to Assist With Quality of Life Issues(EDPI)
R &F
62- 12. No 65
Oct 2 J. Golombek- E. LaPLant- Buffalo Spec Police in Support of
Issuing Ticket Books
R &F
63-13. Res 140
Sept 4 Repeal Direction of One -Way Traffic on W. Chippewa St between
Elmwood Ave and Georgia St
R &F
64- 14. Com 68
July 24 Used Car Dealer 2788 Bailey Ave (Univ)(EDPI)
APP
65- 15. No 55
June 26 Proposed Amendment to Section 12 -24 City of Buffalo Board of
Ethics(Cty Clk)
R &F
66- 16. Res 99
Dec 26 Req All Cert, License, Permit & Registration to Clear a
Collections Check (3r Res)
R &F
67- 17. Com 12
Feb 20 Req. All Cert., Lic, Permits & Regs. To Clear Collections Check (Law)
R &F
68- 18.No 61
Jan 23 M.LoCurto- Amendment - Municipal Code re: Sewer & Utility "Cut- Outs"
R &F
69-19. No 68
Dec 11 B. Davis -J. Hanna - Restaurant & Dance License 45 W. Chippewa St
R &F
70- 20. Com 55
Dec 11 Used Car Dealer 2832 Bailey Ave (Univ)(EDPI)
DENY
71- 21. No 80
Nov 14 Used Car Dealer -285 Swan ( #142,7/25)( #43,5 /16)(EII)(EDPI)
R &F
WATERFRONT
72-22. No 36
Nov 13 M. Kearns - Article Ground Lakeside Roadway Plans
R &F
73-23. No 37
Nov 13 M. Kearns - Article -Info Dallas Redevelop Trinity River Flood Plain
R &F
74-24. No 38
Nov 13 M. Kearns - Article -Info Congress Transportation Priorities
R &F
75-25. No 56
Oct 16 M. Kearns - Letter to Gov Spitzer -Road Project Bflo Waterfront
R &F
76- 26.No 55
Oct 16 M. Kearns -J. Metzger- League of Women Voters
R &F
77-27. No 85
Oct 16 H. Kozlowski- Notice of Approp Fuhrmann Blvd Map# 343( #66,10/2)
R &F
78-28. No 86
Oct 16 H. Kozlowski- Notice of Approp Fuhrmann Blvd Map# 339( #67,10/2)
R &F
79-29. No 87
Oct 16 H. Kozlowski- Notice of Approp Fuhrmann Blvd Map# 338R- 1,351( #68,10/2)
R &F
80-30. No 102
Apr 17 Empire State Dev. News: "ECHDC Signs Agree.
for Inner Harbor Plan" (CP)( #21,4/3)
R &F
81-31. No 41
Sept 18 J. Norquist -Info Revitalizing Buffalo's Waterfront
R &F
82-32. No 48
Feb 20 M. Kearns -M. Carloni -Req. Info. -Aid for Hickory Woods Residents
R &F
83-33. No 48
May 2 M. Kearns & R. Fontana - Survey- Mandatory Flood Ins. - Cazenovia
Creek Flood -Plain Area
R &F
Jan 22, 2008
1/22/2008
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JANUARY 22, 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 - None
On a motion by Mr. Fontana, Seconded by Mr.Golombek , the minutes of the stated meeting held on January 8, 2008 were approved.
FROM THE MAYOR
NO. 1
2008 -2009 ANNUAL ACTION PLAN
(YEAR 34 COMMUNITY DEVELOPMENT BLOCK GRANT)
The Mayor is pleased to announce a new initiative for consolidation of existing community service programs to promote efficiencies, cost
savings and enhanced programming for citizens in the service areas. Under this effort, the Mayor is providing additional funding for agencies
that commit to consolidation with other entities. Four agencies are currently having board level discussions with other entities in an effort to
effect consolidation, namely, 1490 Enterprises, Inc., Crucial, Metro CDC and University Heights. These consolidations will better serve low -
income youth and seniors and provide an opportunity to save community programs and facilities that are threatened for closure.
in addition, the Mayor has reviewed citizens' comments and survey results obtained in our annual citizens participation process conducted as
part of our funding process with the U.S. Department of Housing and Urban Development (HUD). The top request from citizens included
additional youth activities to keep youth off the streets. As in prior years, the citizens again requested additional demolition activities. The
Mayor's budget includes supplemental funds for these two requests. As required under HUD guidelines requiring CDBG funds to service
impoverished and special needs individuals, the Mayor has also addressed poverty and the needs of homeless and the illiterate with additional
funding this year.
In compliance with HUD directives, the City is also making a further allocation of funds to reflect our commitment to the HUD - approved
Neighborhood Revitalization Strategy Area (NRSA) for the City of Buffalo. HUD designates these areas in order for a community to focus
CDBG funds in a concentrated manor and provides special incentives to communities who participate in this program. The funds are integral
to our reinvestment in neighborhoods and family housing. Accordingly, the Mayor's budget includes additional funding for acquisition,
rehabilitation and resale of homes in the NRSA as well as a concentration or economic development funds to help businesses thrive in these
neighborhoods.
I hereby submit the proposed spending plan for the City of Buffalo's 2008 -2009 Annual Action Plan in accordance
with the allocation of funds set forth by the U.S. Department of Housing & Urban Development:
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 2
CERTIFICATE OF APPOINTMENT
Appointment Effective: January 10, 2008 in the Department of Executive Mayor to the Position of
Deputy Mayor Exempt, Non Competitive at the flat rate of $85,000.00
Minimum, Intermediate, Maximum, Flat, Hourly (Insert one)
(Enter Starting Salary) : Starting Salary of $ 85,000.
Donna Brown, 34 Beverly Road, Buffalo, NY 14208
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 3
CERTIFICATE OF APPOINTMENT
Appointment Effective: January10,2008 in the Department of Executive, Division of Mayor to the Position of
Director of Government Research & Analysis, EXEMPT, Non Competitive at the Flat Starting Salary of $65,000.00
Peter J. Savage III, 411 Lafayette Avenue, Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO. 4
APPOINTMENT - COMMISSION ON
CITIZENS' RIGHTS AND COMMUNITY RELATIONS
Pursuant to Article XVIII, Section 20 of the Code of the City of Buffalo, I hereby appoint Sherrill W. Colston, 333 Porter Avenue, Buffalo, New
York 14216 to serve as Commissioner to the Commission on Citizens' Rights and Community Relations Board for a 3 year term, commencing
immediately and expiring December 31,2010.
Mr. Colston is a self - employed entrepreneur with over 42 years of experience. He is currently President and Chief Executive Officer of
Colston's Enterprise, Inc., which provides automotive repair services, New York State inspections, snow plowing and used car sales.
I hereby certify that Sherrill W. Colston is fully qualified to serve as Commissioner to the Commission on Citizens' Rights and Community
Relations.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS
FROM THE DIVISION OF CITIZEN SERVICES
NO. 5
CERTIFICATE OF APPOINTMENT
Jan 22, 2008
1/22/2008
Appointment Effective: 1/10/2008 in the Department of Mayor, Division of Citizen Services to the Position of Coordinator of Anti - Graffiti &
Clean City Program, (Pending non - competitive confidential policy influencing), PROVISIONAL NON - COMPETITIVE at the INTERMEDIATE
Starting Salary of $49,327
Burt Mirti, 734 Parkside Ave, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY PLANNING BOARD
NO. 6
NEGATIVE DECLARATION 1260 AMHERST ST
Nichols School- Math /Science and IT Bldg and Site Circulation Improvements
Project Description: Nichols School ( "Nichols" or the "Applicant ") proposes to construct a new two story, 26,000 sf math /science and
information technology building on the north side of the existing campus buildings. In addition, new vehicular traffic circulation patterns will be
established to improve campus circulation and reduce traffic exiting onto Colvin Boulevard during peak traffic hours. New parking lots will also
be constructed by the Amherst Street and Colvin Avenue access drives (collectively, "the Project ").
Location 1250 Amherst Street, City of Buffalo, Erie County ( "Site ").
SEQR Status: Type I Unlisted XX
Determination
Of Significance Negative Declaration XX Positive Declaration
WHEREAS, on December 28, 2007, Nichols submitted an application with supporting documentation to the City of Buffalo Planning Board
( "Planning Board ") requesting site plan approval for the Project;
WHEREAS, the Planning Board has broad authority over the Project with discretion to approve or disapprove the site plans or to impose
appropriate conditions;
WHEREAS, at its regular meeting on January 15, 2008 the Planning Board held a public hearing on the Project;
WHEREAS, the Planning Board, acting as lead agency, in an uncoordinated environmental impact review, pursuant to and in accordance with
Article 8 of the Environmental Conservation Law and the regulations adopted pursuant thereto, being 6 NYCRR Part 617 ( "SEQR "), has
carefully considered the full scope of the Project, having reviewed and considered the entire record and proceedings relating to the Project
including the full environmental assessment form submitted by Nichols as well as all other supporting documentation;
WHEREAS, it is appropriate that the Planning Board classify the Project as an Unlisted action pursuant to SEQR and issue a Negative
Declaration.
NOW THEREFORE, BE IT RESOLVED THAT THE PLANNING BOARD MAKES THE FOLLOWING FINDINGS OF FACT:
1. The Project consists of the construction of a 26,000 sf math /science and IT facility important to the Applicant's educational objectives. The
Project also involves improvements to vehicular circulation and parking to improve traffic conditions and pedestrian safety on campus.
2. The Project is an Unlisted action because it does not fall within any of the actions listed under sections 617.4 or 617.5 of SEQR.
3. Land use conditions at the Site will not change as a result of the Project because it is within an existing education campus.
4. The Project is consistent with local zoning requirements.
5. The Project will not significantly affect water quality. The Project will reduce water consumption and improve water quality through the use
of permeable pavements and rain gardens to reduce the stormwater flows into the existing sewer system. Also, a portion of stormwater
generated on the site will be collected to water various areas of plantings.
6. The Project will not be a significant source of air emissions or odors.
7. The Site is already developed and do not possess significant ecological or agricultural value. The Project will add ecological value to the
Site because of its innovative "green" design, utilizing a green roof, new landscaping, and a new park -like area surrounding the new building.
8. The Project will improve the aesthetic appeal of the Site through the reduction of light pollution with quality fixtures and lighting designs
that direct light downward and through the reduction of the man -made qualities of the new building with the green roof design and landscaping
features. Also, the campus re- design has been specifically developed to improve aesthetics with new buffers, berming, landscaping, fencing,
and a new park -like area surrounding the new building to ensure a harmonious relationship between the school and the surrounding
neighborhood.
9. The Project will not impact historical or archeological resources.
10. The Project will not increase traffic on the adjacent roadway network. In fact, the construction of a new exit onto Amherst Street will
remove traffic from the approach to the Colvin Avenue /Amherst Street intersection which will, overall, nominally improve traffic conditions of
the adjacent roadways.
11. The Project will not significantly impact energy consumption. The orientation of the new building will take full advantage of sunlight for both
lighting and heating. Furthermore, the building will feature a green roof installation to reduce heat emissions, water runoff and energy
demands.
12. Operation of the Project is not expected to appreciably increase ambient noise levels.
13. The Project will not result in population growth, and generally is in character with adjacent development.
14. Nichols has made a concerted effort to work with the community that surrounds its campus. In fact, the final project plans are the result of
a formal consensus process that Nichols undertook with the surrounding neighborhood.
15. There will be no significant adverse environmental impacts as a result of the Project.
Supporting Documentation:
Site Plan Application of Nichols School for Math /Science and IT Building and Site Circulation /Parking Plan
dated December 28, 2007 with all supporting documentation, including the traffic impact study.
RECEIVED AND FILED
NO. 7
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
76 EAST HURON ST
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review)
of the Environmental Conservation Law.
City of Buffalo Planning Board
Jan 22, 2008
1/22/2008
Room 901, City Hall
65 Niagara Square
Buffalo New York'14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
75 East Huron Street, comer Oak Street
Type of Action: Unlisted- Uncoordinated
Description: Iskelo Development Corporate is proposing to construct a new parking ramp located at 75 East Huron Street Buffalo New York.
The existing surface lot contains one hundred thirty three (133) spaces. The proposed parking ramp will have a capacity for 294 cars
increasing overall parking capacity to approximately three hundred and fifty (350) cars The levels of the structure consist of an at -grade
(partially underground) secure parking level and two above grade parking surfaces, The height of the proposed structure will be twenty -eight
feet (28). The footprint of the structure will encompass the entirety of the parcel less the required setbacks and easement and create
approximately ninety nine thousand eight hundred square feet of parking Surface (including the roof). Primary ingress and egress to the
structure would be from East Huron Street with limited ingress and egress from Oak Street and onto Blossom Alley. A traffic study has been
completed which verifies that upon completion and "full' utilization of the parking ramp, acceptable levels of service in the vicinity of the ramp
will be maintained. The project will be privately funded with the estimated cost of this project being approximately 4,410,000 dollars.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse
affect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a
Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The new parking ramp will allow for the
successful completion of filling vacancies in the newly renovated "Electric Building" Which is one of the most prominent buildings in Downtown
Buffalo. The identified potential negative impacts appear to be primarily short -term site preparation and construction related activities, and do
not appear to be significant in magnitude or effect. There are no actions, which will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City
Hail, Buffalo New York 14202 -716 851 -5085
Dated: January 2, 2008
RECEIVED AND FILED
NO. 8
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
1159 MAIN ST
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR- State Environmental Quality Review)
of the Environmental Conservation Law.
City of Buffalo Planning Board
Room g01, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title
Type of Action: Unlisted- Coordinated
Description: Silvestri Architects, PC, Jeremy M. Dwyer, on behalf of the owner is proposing to construct a new medical office building on the
property located at 1159 Main Street, Buffalo New York. The proposed medical building is a two -story 35,000 square foot building built to the
front property line along Main street. The building will include 17,500 square feet per floor, new parking, landscaping and pedestrian walkway
improvements. An area variance will require approval from the Zoning Board of Appeals. The project will be privately funded as wall as funding
from the Erie County Industrial Development Agency with the estimated cost of this project being approximately 5,000,000 dollars.
Am a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse
effect on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a
Draft Environmental Impact Statement will not be prepared.
Reasons Supporting That Determination: The facts and reasons for this decision are as follows: this project will contribute to the many
successful projects that have taken place on Main Street and in the surrounding area. It will also remove an old motel that has been a
community eyesore for many years. The identified potential negative impacts appear to be primarily short -term site preparation and
construction related activities, end do not appear to be significant in magnitude or effect. There ere no actions, which will have • significant
adverse impact on the environment
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City
Hall, Buffalo New York 14202 - 716 851 -5085
RECEIVED AND FILED
NO. 9
BUFFALO PRESERVATION BOARD REQUEST FOR LEAD AGENCY STATUS: PROPOSED ADULT EDUCATION SIGN AT ELMWOOD
AVE. AND EDWARD ST.
The Buffalo Preservation Board proposes to assume Lead Agency status for the proposed Adult Education Sign at Elmwood Ave. and Edward
Street.
Prior to the implementation of the above referenced project, the requirements of the New York State Environmental Quality Review Act
(SEAR) must be satisfied. The project, as defined by SEAR, is a Type I Action for which the completion of a coordinated environmental review
is required.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning, dated January 14, 2008, be received and filed; and
That the Common Council hereby consents to the City of Buffalo Preservation Board to act as Lead Agency for the proposed Adult Education
Sign at Elmwood Avenue and Edward Street.
PASSED
Jan 22, 2008
1/22/2008
AYES - 9 NOES -0
NO. 10
PERMISSION TO CONTRACT WITH THE BUFFALO ECONOMIC RENAISSANCE CORPORATION - JEFFERSON AVENUE
INCUBATOR PROJECT
CCP DECEMBER 11, 2007 - RES. 126 -70
The City of Buffalo Office of Strategic Planning respectfully requests that this Honorable Body to approve the attached proposed Agreement
with the Buffalo Economic Renaissance Corporation (BERC) in the amount of $500,000 for the costs associated with the construction of the
Jefferson Avenue Incubator project at 332 East Utica Street. This project is an adaptive reuse of the library that previously inhabited that
space. Specifically, the funding will be used for construction and furniture, fixtures and equipment at the facility.
The Jefferson Avenue Incubator project will assist new or expanding small businesses by providing state -of- the -art professional office space at
an affordable rental rate. The Incubator will also provide an array of professional services to businesses and residents in the community and
will assist them to find accurate answers to questions and efficient solutions to business needs, gain access to capital, contract awards,
entrepreneurial training, management consulting and technical assistance in a one - stop -shop.
I am recommending that your Honorable Body authorize the City's provision of $500,000 in NYS Aid Incentive to Municipalities (AIM) efficiency
grant funding to BERC in order to enable BERC to utilize the funds at the Jefferson Avenue Incubator Project and that your Honorable Body
further authorize the Mayor on behalf of the City to enter into an Agreement (in substantially the form attached hereto) with BERC to facilitate
the said $500,000 funding for the Jefferson Avenue Incubator Project and that your Honorable Body further authorize the Mayor and all other
pertinent City personnel to take such action and execute such documents as are appropriate to carry out the intention of the City to fund the
$500,000 for BERC's utilization at the Jefferson Avenue Incubator Project.
REFERRED TO COMMITTEE ON FINANCE
NO. 11
PERMISSION FOR THE CITY OF BUFFALO TO
CONTRACT WITH BUFFALO ECONOMIC RENAISSANCE CORPORATION - STEELFIELDS PROPERTY ACQUISITION TO FACILITATE
BROWNFIELD REHABILITATION
CCP DECEMBER 36 ", 2007 -RES. 127
The City of Buffalo Office of Strategic Planning respectfully requests this Honorable Body to approve the attached proposed Agreement with
the Buffalo Economic Renaissance Corporation (BERC) under which the City of Buffalo is to provide BERC with $4,638,250 to fund the
acquisition of the approximately 186 acre brownfield property known as "Steelfields" for redevelopment in order to create economic
development opportunities within the City of Buffalo. The site totals approximately 186 acres and the purchase price shall not exceed $25,000
per acre.
In order to ensure the optimal re- development of this important and strategically located City brownfield site, the City of Buffalo ( "City "), BERC,
Buffalo Urban Development Corporation and the City of Buffalo Urban Renewal Agency ( "BURA ") have partnered to negotiate for the
acquisition of this approximately 186 acre site by Buffalo Urban Development Corporation. Following the transfer of funds from the City to
BERC, BERC will in turn transfer the funds to the Buffalo Urban Development Corporation (or a single member limited liability company
controlled by Buffalo Urban Development Corporation, hereinafter collectively referred to as "BUDC ") for the purchase of the site from
Steelfields, Ltd.
I am recommending that your Honorable Body authorize the City's provision of $4,638,250 in NYS Aid Incentive to Municipalities (AIM)
efficiency grant funding to BERC in order to enable BERC to fund BUDC's acquisition of the Steelfields site and that your Honorable Body
further authorize the Mayor on behalf of the City to enter into an Agreement (in substantially the form attached hereto) with BERC to facilitate
the said $4,638,250 funding for BUDC's purchase of the Steelfields site and that your Honorable Body further authorize the Mayor and all
other pertinent City personnel to take such action and execute such documents as are appropriate to carry out the intention of the City to fund
the $4,638,250 acquisition by BUDC of the Steelfields site.
REFERRED TO THE COMMITTEE ON FINANCE,
NO. 12
REQUEST TO CONTRACT IRA G. ROSS EYE INSTITUTE
The Office of Strategic Planning respectfully requests this Honorable Body grant permission to enter into a contract with Ira G. Ross Eye
Institute and /or University Ophthalmology Services, Inc. in the amount of $300,000 for costs related to the renovation of 1176 Main Street,
home to the Ira G. Ross Eye Institute. Ira G. Ross Eye Institute is the umbrella organization for several state, university, and non - profit entities.
Its objectives are to advance basic science and promote knowledge of the genetics, physiology, and pathophysiology of vision through
research, education, and clinical activities. In addition, this site will be the primary teaching facility for the UB Ophthalmology Department's
residency program, thus bringing senior medial students, post -docs, and physicians into the Buffalo- Niagara Medical Campus.
The physical location of this building, as well as the hundreds of individuals working within the facility will encourage economic development in
the Buffalo- Niagara Medical Campus, the surrounding neighborhoods, the City of Buffalo, and the Region.
With over 90% of the Ira G. Ross Eye Institute's overall fundraising goal met ($9 million towards a $10 million goal); the allocation of the
$300,000 will help to fill the gap needed to fully fund this economic development project.
I am recommending that your Honorable Body authorize the City's provision of $300,000 in NYS Aid Incentive to Municipalities (AIM) efficiency
grant funding to Ira G. Ross Eye Institute and /or University Ophthalmology Services, Inc. in order to enable Ira G. Ross Eye Institute and /or
University Ophthalmology Services, Inc. to utilize the funds at the Ira G. Ross Eye Institute and that your Honorable Body further authorize the
Mayor on behalf of the City to enter into an Agreement (in substantially the form attached hereto) with Ira G. Ross Eye Institute and /or
University Ophthalmology Services, Inc. to facilitate the said $300,000 funding for the Ira G. Ross Eye Institute and that your Honorable Body
further authorize the Mayor and all other pertinent City personnel to take such action and execute such documents as are appropriate to carry
out the intention of the City to fund the $300,000 for utilization at the Ira G. Ross Eye Institute.
REFERRED TO COMMITTEE ON FINANCE
Jan 22, 2008
1/22/2008
NO. 13
REQUEST LEASE AGREEMENT BETWEEN THE
CITY OF BUFFALO AND COMMUNITY ACTION ORGANIZATION OF
ERIE COUNTY, INC. FOR USE OF 326 -328 HIGH STREET
ELLICOTT DISTRICT
ITEM NO. 12, C.C.P. JUNE 12, 2001
The Division of Real Estate received a letter signed by the President, Veronica Hemphill - Nichols of the Fruitbelt Homeowners & Tenants
Council and the Executive Director, L. Nathan Hare of the Community Action Organization of Erie County, Inc. indicating that they have
merged their services. The Community Action Organization of Erie County, Inc. is requesting a lease agreement for the use of 326 -328 High
Street (formerly leased to the Fruitbelt Homeowners and Tenants Council, Inc.) in order to continue to provide community services. They are
also requesting that 330 High (city owned vacant lot 24 x 100), 332 High (city owned vacant lot 5 x 125) and 334 High (city owned vacant lot
25 x 115) be included in the proposed lease.
The lease shall commence retroactively to May 1, 2007 and terminate on April 30, 2012 and include but not be limited to the following terms
and conditions:
1. Annual rental will be One Dollars ($1.00).
2. The Community Action Organization of Erie County, Inc. will be responsible for
payment of all utilities, including but not limited to gas, water, sewer charges and electricity.
3. The Community Action Organization of Erie County, Inc. shall pay garbage user
fee and the costs of pickup and removal of solid wastes from the premises.
4. The Community Action Organization shall be responsible for all minor repairs,
and shall at all times keep the premises in a clean and healthful condition.
5. The Community Action Organization will submit proof of insurance saving the
City harmless in amounts to be determined by the City Law Department
6. Either Party may terminate the lease upon forty -five (45) days written notice
served personally or by certified mail.
This office recommends that Your Honorable Body approve the lease agreement between the City of Buffalo and the Community Action
Organization of Erie County, Inc., commencing retroactively on May 1, 2007 and terminating on April 30, 2012 for use of 326- 328,330,332 &
334 High.
I am further recommending that Your Honorable Body authorize the Corporation Counsel prepare the necessary lease agreement and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 14
RESULTS REAL ESTATE AUCTION SEPTEMBER 22, 2007
On September 22, 2007, the Office of Strategic Planning, Division of Real Estate, held a real property auction to dispose of ninety -eight (98)
improved properties in our inventory. The auction was conducted by Auctions International in accordance with the attached terms and
conditions of the sale.
The terms of the auction require the successful bidder to provide the Division of Real Estate, within 30 days after the auction, a
repair /rehabilitation plan along with proof of financial ability to complete the purchase and repair /rehabilitation of the property, prior to the
transfer of title. Properties will not be transferred to any bidder owing financial obligations to the City or have existing code violations on other
property they own. Such obligations must be satisfied.
Attached is a list of six bidders (6) that have complied with the terms and conditions of the sale, address of the property and amount of the bid.
The list of these bidders have been reviewed and cleared by the Anti - Flipping Task Force.
I am recommending that Your Honorable Body approve the sale and transfer of title for these six (6) properties to the bidders listed in
accordance with the terms and conditions of the sale.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMPTROLLER
NO. 15
COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2007
This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year ending
June 30, 2007 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the Budget
Office. Included therein is the Audit Report of Deloitte & Touche LLP.
This report is available as a public record for inspection by all interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Cuncil of the City of Buffalo may, at its discretion, prepare a written
response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interest parties not
later than April 17, 2008
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
NO. 16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that it is
necessary that the sum of $2,500 be transferred and reappropriated within Common Council Legislative, as set forth below:
From:
Common Council Legislative
10111001 -411001 Salary $2,000
10103001 - 411001 Salary $500
To:
Jan 22, 2008
1/22/2008
Common Council Legislative
10105001 - 411001 Salary $500
10107001 - 411001 Salary $2,000
Dated: Buffalo, NY, January 9, 2008
RECEIVED AND FILED
FROM THE PRESIDENT OF THE COUNCIL
NO. 17
APPT JOSEPH GOLOMBEK, JR CHAIRMAN OF LEGISLATION COMM AND MICHAEL J. LOCURTO CHAIRMAN OF COMMUNITY
DEVELOPMENT COMM
I hereby appoint Joseph Golombek Jr. as Chairman of the Legislation Committee with Councilmembers Brian Davis, Richard Fontana,
Michael LoCurto, and David Rivera as members of the committee.
I hereby appoint Michael J, LoCurto as Chairman of the Community Development Committee with Councilmembers Richard Fontana, Joseph
Golombek Jr., David Rivera, and Demone Smith as members of the committee.
RECEIVED AND FILED.
AYES — FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL - 7 NOES - DAVIS, SMITH - 2
FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS
NO. 18
MANAGEMENT INFORMATION SYSTEMS
DATA PROCESSING
APPROVAL OF A CONTRACT FOR A NEW TELEPHONE SYSTEM
The Office of Management Information Systems, Division of Data Processing hereby submits for your honorable body's review and approval a
contract with IBM Corporation to provide the City of Buffalo with a new telephone system.
The contracted amount is for $1,103,000.00 and will replace the obsolete telephone technology used by 1,100 City workers with modern
technology that will save the City $556,000.00 annually in lower telephone usage bills.
The City of Buffalo was awarded an Efficiency Incentive Grant from New York State, through which this contract is being funded. These funds
are designed to support city activities to achieve recurring savings through innovations and reengineering.
We respectfully request Your Honorable Body approve the proposed contract at your earliest opportunity and authorize the Mayor to execute
the same.
Mr. Fontana moved:
That the above communication from the Department of Management Information Systems dated January 15, 2008, be received and filed; and
That the Mayor be, and he hereby is authorized to enter into a contract with IBM Corporation to provide the City of Buffalo with a new
telephone system.
PASSED
AYES - 9 NOES -0
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 19
CAPITAL OUTLAY VEHICLE PURCHASE
Our Department is requesting permission to purchase the following vehicles which were approved in this years Capital Outlay.
(2) Pickup truck size dump trucks (estimated cost $38,000 each, total $76,000.)
Funds for these vehicles are available in account 13111007-474200.
Mr. Fontana moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 15, 2008, be received and
filed; and
That the Acting Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are authorized to
purchase 2 pickup truck size dump trucks for a total amount of $76,000. Funds for the purchases are available in account 13111007-474200.
That the purchase of these vehicles and equipment is approved contingent on, that concurrent with their use, that they be designated as not -
authorized for take -home use and that they be marked with the City Seal in accordance with Chapter 53 of the City Code.
PASSED
AYES -9 NOES -0
NO. 20
CHANGE IN CONTRACT NORTHWEST COMMUNITY CENTER
EMERGENCY MASONRY RECONSTRUCTION(NORTH)
I hereby submit to Your Honorable Body the following changes for the Northwest Community Center,
Emergency Masonry Reconstruction, International Chimney Corp. C 493000049.
1. Provide and install additional downleads and grounding to Add $5,441.10
lightning protection system.
The foregoing change results in a net increase in the contract of Five Thousand Four Hundred Forty One and 10/100 Dollars ($5,441.10)
Summary: Current Contract Amount $123,500.00
Amount of This Change Order ( #1) ADD $ 5.441.10
Revised Contract Amount $128,941.10
Costs have been reviewed by the consulting architect, DiDonato Associates, and the Department of Public Works, Parks & Streets and were
found to be fair and equitable. Funds for this work are available in 38320906 445100 — Division of Buildings
Mr. Fontana moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 26, 2007, be received and
filed; and
Jan 22, 2008
1/22/2008
That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, to
International Chimney Corp., an increase in the amount of $5,441.10, as more fully described in the above communication, for work relating to
Job No. 0708, Northwest Community Center, Emergency Masonry Reconstruction, C #93000049. Funds for this project are available in
38320906 445100 - Division of Buildings.
PASSED
AYES - 9 NOES — 0
NO. 21
CHANGE IN CONTRACT REPAIR TO CITY PAVEMENTS 2007
WATER CUTS PAHSE II
I hereby submit to Your Honorable Body the following request for additional work to the above named project.
This change order is necessary to complete pavement restoration to the following locations as per the request of
The Buffalo Water Authority which have had leaks /repairs to the watermain.
#6 Tennessee $11,223.70 #600 Ontario
$3,887.50
#400 Skillen $1,611.75 #410 Skillen
$3,499.50
so. Side of Austin (under Viaduct)$4,112.45 #105 Royal
$2,921.00
#1043 Tonawanda $1,090.00 #955 Tonawanda
$1,040.00
#111 Hamilton $731.00 no. of #215 Tonawanda
$508.00
s.w. Amhersl /Tonawanda $787.50 Ontario at Laird
$754.00
#335 Ontario $683.25 Laird at Ontario
$741.00
Ontario (at Mayer) $508.75 #243 Ontario
$683.25
#325 Skillen $915.00 opposite #437 Skillen
$1,260.75
#599 Ontario $340.25 s.w. Roesch /Eckhert
$360.22
#77 Eekhert $2,441.00 s.w. Newfield /Esser
$2,693.50
s.e. Rano /Crowley $4,110.00 #37 Royal
$2,536.00
#169 Ross $3,557.33 #37 Baxter
$791.00
#6 Condon $1,869.75 #673 Ontario
$406.50
Esser at Argus /Beatrice $1,040.25 s.w. Chadduck/Condon
$821.50
opposite #604 Ontario $466.25 s.w. Evelyn /Esser
$911.75
Total Reimbursement $59,303.70
Contract Unit Estimated
Estimated
Item Description Price Quanity
Cost
02.110 Unclassified Excavation $40 /cu.yd. 219.0
$8,760.00
03.2 IA Sub - Course - full depth asphalt /conct $40 /cu.yd. 113.3
$4,524.00
R04.150 Asphalt Concrete hand laid $175 /ton 215.96
$37,793.70
05.416 Sawing Pavement $3 /lin.fi. 1,150
$3,450.00
12.110 Maintenance & Protection of Traffic 1 lump sum 60%
$4,776.00
Total
$59,303.70
Existing Contract Amount $148,228.56
Increase in Contract $59,303.70
Total contract to Date $207,532.26
Funds for this work are in the Water Capital Projects Account #53210716-445100 and permission
is requested to accept a transfer into our
Engineering Capital Projects Account #30032106 - 445100.
I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body
approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Thomann
Asphalt, Inc.
Mr. Fontana moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 9, 2008, be received and
filed; and
That the Acting Commissioner of Public'Works, Parks and Streets be, and he hereby is
authorized to issue a change order, to Thomann
Asphalt, Inc., an increase in the amount of $59,303.70, as more fully described in the above communication, for work relating to Repair to City
Pavements, Group #666, C #93000005. Funds for this project are available in the Water Capital Projects Account #53210716-445100 and
permission is requested to accept a transfer into Engineering Capital projects Account #30032106 - 445100.
PASSED
AYES - 9 NOES -0
NO. 22
CHANGE IN CONTRACT SCAJAQUADA PATHWAY PHASE 3
DONALD BRAASCH CONSTRUCTION, INC
(NORTH)
I hereby submit to your Honorable Body the following changes related to the City contract with Donald Braasch construction, Inc. for
Scajaquada Pathway project.
The additional cost of $ 29,178.76 is for unforeseen field conditions, which encountered during construction operation and are necessary to
complete the project.
1- Electrical Conduit relocation $11,358.00
2- Additional concrete retaining wall $10,655.72
3 -sheet pile removal $ 7,165.04
Current Contract Amount $1,351,350.00
Increase in Contract $ 29,178.76
Jan 22, 2008
1/22/2008
Revised Contract Amount $1,380,528.76
The additional costs have been reviewed by our Department and were found to be fair and equitable for the additional work involved. I
respectfully recommend that your Honorable Body approve the subject change order. This project is funded by the FHWA, NYSDOT and City
of Buffalo as part of the local Transportation Improvement Program and the City of Buffalo's share of costs is 5 %. Funds for this work are
available in our Capital project accounts #31356306- 445500.
Mr. Fontana moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 7, 2007, be received and filed;
and
That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Donald Braasch
Construction, inc., an increase in the amount of $29,178.76, as more fully described in the above communication, for work relating to Scajaquada
Pathway Phase 3. The City of Buffalo's share of costs is 5% and is available in Capital project accounts #31356306- 445100.
PASSED
AYES - 9 NOES — 0
NO. 23
EMERGENCY CLEAN -UP AND ASBESTOS ABATEMENT AT BUFFALO POLICE
HEADQUARTERS 74 FRANKLIN STREET
The Department of Public Works, Parks and Streets would like to request from Your Honorable Body the Emergency clean -up and asbestos abatement at
Buffalo Police Headquarters located at 74 Franklin Street, Buffalo New York.
The cost of work for clean -up of the incidental asbestos disturbance in the basement office of the Firing Range at the Buffalo Police
Headquarters will be: $1,950.00
The cost for the work for the abatement of asbestos containing spray on fireproofing contaminated ceiling tiles, and any pipe insulation
discovered above the drop ceiling in the basement office and Ready Room of the Firing Range at the Buffalo police Headquarters will be:
$34,580.00
Total Cost $36,530.00
Funds for this work are available in Account Number 13296006- 443200.
Mr. Fontana moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 16, 2008, be received and
filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for emergency clean-
up and asbestos abatement at Buffalo Police Headquarters, in the amount of $36,530.00. Funds for the project are available in Account
Number 13296006- 443200.
PASSED
AYES - 9 NOES -0
NO. 24
ESTABLISHMENT OF LEAD AGENCY AND COORDINATED REVIEW
The Buffalo Water Board (the "Water Board ") hereby designates itself as the Lead Agency to carry out the State Environmental Quality
Review Act (SEQRA) process to review, undertake, fund and /or approve the following Action:
The action involves issuance of a Request for Qualifications ( "RFQ ") and Request for Proposals ( "RFP ") to examine management alternatives
and to identify qualified professional managers and to determine the best management alternative, including possible entry into an agreement
by and between the Water Board and a professional management entity to manage the operation, repair and maintenance of the Water
Board's water facilities, including but not limited to, intake, treatment and distribution facilities (collectively the "Water System "). The City of
Buffalo will continue to provide the Water Board with general overhead services and facilities, including the services of the City's employees
for operations, maintenance, repair and administrative matters and the use of the City's facilities for meetings and other administrative matters.
The Water System is located in the City of Buffalo, Erie County.
The Buffalo Water Board has made a preliminary determination that the Action is an Unlisted Action in accordance with 6
N.Y.C.R.R. Part 617.2. Attached is a copy of Part I of the SEQRA Environmental Assessment Form and Coastal Assessment Form for your
information and review.
If you have any questions, comments or need any further information about the Buffalo Water Board's Lead Agency designation or
the EAF, please contact Acting Commissioner Steven J. Stepniak of the Department of Public Works, Parks and Streets at 502 City Hall,
Buffalo, New York 14202, telephone (716) 851 -5636.
Mr. Fontana moved:
That the above communication from the Buffalo Water Board, dated
December 17, 2007, be received and filed; and
That the Buffalo Water Board hereby designates itself as Lead Agency to carry out the State Environmental Quality Review Act process to
review, undertake, fund and /or approve the above listed Action.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
PASSED
AYES - 9 NOES — 0
NO. 25
REDUCTION IN RETENTION CITY HALL FACADE RESTORATION,
PHASE 1 (ELL)
Due to fixture failure, there is a dispute between the prime contractor, Progressive Weatherproofing /AII State JV, and the electrical supplier for
replacement of the 27 floor exterior lighting. The total of the new retention will cover all costs to resolve the problem.
The consultant, DiDonato Associates, and the contractor, as well as this department, are recommending a reduction in the retention withheld
from payments from the current 5% to $30,000.00 for the following contract:
Progressive Weatherproofing /AII State JV C #92011101
It is respectfully requested that Your Honorable Body authorize this reduction in retention.
Mr. Fontana moved:
Jan 22, 2008
1/22/2008
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated December 28, 2007, be received and
filed; and
That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention withheld from payments
from the current 5% to $30,000.00 for Progressive Weatherproofing /All State JV, C #92011101.
PASSED
AYES - 9 NOES -0
NO. 26
REPORT OF BIDS POLICE HEADQUARTERS GARAGE
EMERGENCY DECK REPAIR (ELL)
Due to a drain leak, there is substantial deck failure in the parking garage at the Buffalo Police Headquarters.
The Commissioner of Public Works, Parks & Streets has declared an emergency and is entering into an agreement with C. Nichter, Inc. to
reconstruct the deck at Buffalo Police Headquarters.
C. Nichter, Inc. $22,400.00
30 Wildwood, Lancaster, NY
Miller Enterprises, Inc. $22,700.00
12 Newfield, Buffalo, NY
Allgaier Construction $24,900.00
4790 Thompson, Clarence, NY
I certify that the foregoing is a true and correct statement of all emergency bids received and that C. Nichter, Inc., in the amount of Twenty
Two Thousand Four Hundred and 00/100 Dollars ($22,400.00), is the lowest responsible bidder in accordance with the plans and
specifications.
Funds for the work are available in 13296006- 443200.
Mr. Fontana moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 16, 2008, be received and
filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby authorized to award a contract for Police Headquarters
Garage, Emergency Deck Repair, to C. Nichter, Inc. the lowest responsible bidder, in the amount of $22, 400.00. Funds for the project are
available in 13296006- 443200.
PASSED
AYES - 9 NOES — 0
NO. 27
CERTIFICATE OF APPOINTMENT
Appointment Effective 1/9/08 in the Department of Public Works Division of Streets to the Position of Supervisor of Street
Sanitation I Provisional Promotion, start salary of $34,311.
Ronald Miller, 308 Fayette Avenue, Kenmore 14223
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 28
APPROVAL TO DISPOSE OF OLD GYM EQUIPMENT
The Buffalo Police Department hereby requests permission from your honorable body to dispose of the following old, unrepairable, and unsafe
gym equipment located m the "C" district police station located at 693 East Ferry. The piece Of equipment to be disposed of is a Schwinn 4
stack universal weight lifting station /strength system purchased in March 2000 for $3,700.00, City of Buffalo sticker# 049349. If approved for
disposal, this piece of equipment will be dismantled and any usable parts will be used with other pieces of gym equipment located throughout
the police department.
If you have any questions or concerns, please contact Inspector Joseph Strano at 851 -4879. Thank you in advance for your cooperation and
expediency in addressing this matter.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated
January 7, 2008, be received and filed; and
That the Commissioner of Police be, and he hereby is authorized to dispose of the above listed gym equipment located in the "C" district
police station located at 693 East Ferry.
PASSED
AYES - 9 NOES — 0
NO. 29
RECEIVED AND FILED -ENTRY GRANT WITH BERC AND
DEPARTMENT OF COMMUNITY SERVICES
The Buffalo Police Department hereby informs your honorable body that the Buffalo Police Department has entered into a sub - agreement with
BERG regarding the matching funds required for the above mentioned grant. As initially approved by my office early in 2007, the Buffalo
Police Department has designated $11,111.00 in current drug asset forfeiture funds to meet the required match for this grant.
The BERC, along with the Department of Community Services, will administer this grant awarded by DCJS to provide re -entry services back
into the community for offenders /parolees whose offense was of a substance and /or alcohol abuse nature. Services are to include case
management, referrals to appropriate agencies, and enhancement of the level of competency and knowledge that the offenders possess
regarding critical job retention factors.
Jan 22, 2008
1/22/2008
The Buffalo Police Department will receive quarterly invoices from BERC to provide reimbursement for the matching expenses incurred
throughout the grant period. The Buffalo Police Department is responsible for the match only for this grant and is not involved in any of its'
administrative aspects.
If you have any questions or concerns, please contact Sr. Budget Examiner John Stanchak at 851 -5903.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 30
SEIZED VEHICLE
The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to cover
administrative /seizure fees to the U.S. Marshalls Office for one vehicle recently seized by the Buffalo Police Department. The vehicle is a 2001
Oldsmobile Alero, it must be assigned to the Narcotics Squad as mandated through the Drug Asset Forfeiture guide book and will be utilized in
future undercover operations. The total funds to be spent to cover the fees will be $1,091.97.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated January 15, 2008, be received and filed; and
That the Commissioner of Police be, and he hereby is authorized to utilize current drug asset forfeiture funds to cover administrative /seizure fees to
the U.S. Marshals Office for a 2001 Oldsmobile Alero in the amount of $1,091.97. That the acceptance of the donation of this vehicle is approved
contingent on, that concurrent with it's use, there be no increase in the number designated as marked and unmarked in accordance with Chapter 53 of
the City Code and that the replaced vehicles be removed from City service and disposed of in the best interests of the City.
PASSED
AYES - 9 NOES -0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 31
FOOD STORE LICENSE
2005 GENESEE(LOVEJOY)
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 2005 Genesee (Better Buy Market) and find that as to form is correct. I have caused an investigation in to 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 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. 32
RESTAURANT DANCE LICENSE (RENEWAL)
TO 120 CHURCH (ELLICOTT)
Pursuant Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the
premises located at 120 Church (Adam's Mark Hotel) for which said renewal application for a Restaurant Dance Class III
license is being sought by James Horsman and according to the attached reports from the Fire Department, Police Department and Building
Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 33
USED CAR DEALER
908 GENESEE (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Used Car Dealer License located at 908 Genesee and find that as to form is correct. I have caused an
investigation into the premises for which said application for a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other
applicable laws. I have caused an investigation by the Police Department into the moral character of Ronald Graham. The attached thereto for
Ronald Graham dba/ Chrome Motors. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL
PROGRAMMING
NO. 34
ACCEPTANCE OF GRANT AWARD- TOTAL COST $36,624.00
The Department of Community Services, Division for Youth was awarded a grant from the New York Division of Criminal Justice Services to
continue the Youth Court program for juveniles who commit minor, non - violent offenses, operated by trained youth court officers who will
determine appropriate and meaningful sanctions.
The contract period is from: 01/0108 - 12/31/08
Total Projected Costs: $32,096.00
Grant Funds: $ 28,888.00
Matching Funds: $ 3,208.00
Please approve the acceptance of this grant award.
Mr. Fontana moved:
That the above communication from the Commissioner of Community Services and Recreational Programming dated December 18, 2007, be
received and filed; and
Jan 22, 2008
1/22/2008
That the Commissioner of Community Services and Recreational Programming.. he, and she hereby is authorized on behalf of the City of Buffalo
to accept a grant from the New York Division of Criminal Justice Services to continue the Youth Court program from January 1, 2008 through
December 31, 2008 in the amount of $28,888.00.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
PASSED
AYES - 9 NOES -0
NO. 35
Permission to accept funds from State of New York
Governor's Traffic Safety Committee
The City of Buffalo has been successful in obtaining grant funds for a "Bicycle Safety Training and Helmet Distribution Program" from New
York State's Highway Safety Program. The amount of the grant award is $42,405.00.
The funds are to be used by the Department of Community Services and Recreational Programming in partnership with the Police Department
and Police Athletic League to conduct a series of bicycle safety seminars and helmet giveaways in schools, community centers, and parks and
playgrounds. The program intends to increase understanding bicycle safety rules and the dangers of not wearing helmets while bike riding
with the goal of reducing accidents and serious injuries.
I am therefore requesting permission from your Honorable Body for the City of Buffalo to accept grant funds from New York State, to authorize
execution of all necessary agreements to implement this grant, and to set up an appropriate account receivable for this purpose.
Mr. Fontana moved:
That the above communication from the Commissioner of Community Services and Recreational Programming dated January 14, 2008, be
received and filed; and
That the Commissioner of Community Services and Recreational Programming be, and she hereby is authorized on behalf of the City of
Buffalo to accept grant funds from New York State, to authorize execution of all necessary agreements to implement the Bicycle Safety
Training and Helmet Distribution Program grant award of $42,405.00 and is authorized to set up an appropriate account receivable for this
purpose.
Passed.
AYES — 9 NOES — 0
Ia:16Lrilr9:I=11115d11 WLd44NN
NO. 36
Liquor License Applications
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board
Address
Business Name Owner's Name
2126 Seneca St
2126 Seneca St
Duane Rowland
423 Elmwood Ave
423 Elmwood Ave
T VonVolkenburg
1672 Elmwood Ave
1672 Elmwood
John McKissock
425 Pearl St
The Space Niteclub
Sam Monaco
475 Northampton St
New Cage of WNY
Sharon Harmon
341 Delaware Ave
Exquisite Catering
Steven Calvaneso
504 Amherst St
504 Amherst St
AmResNE LLC
RECEIVED AND FILED
No. 37
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as
listed: Mayor /Mayor Executive -
Police- Carol Cavaretta. Dana Gordon
Corporation Counsel- Peter J Savage I II
RECEIVED AND FILED
No. 38
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Fontana moved the approval of the appointments to the position of Council Intern
ADOPTED.
Certificate of Appointment
Appointment Effective:01 /14/2008 in the Department of Common Council Division of Masten District to the Position of Intern VI Seasonal Non -
Competitive Flat Starting Salary of $10.00
Emerson Barr 309 North St Buffalo NY 14201
No. 39
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 01/10/2008 in the Department of Public Works Division of Streets to the Position of Laborer II Seasonal Appointment
Flat Starting Salary of $8.15 hour
Corey Roberson 161 Trowbridge Buffalo NY 14220
Demetris Steoney 119 Spring St Buffalo NY 14204
Jan 22, 2008
1/22/2008
Certificate of Appointment
Appointment Effective January 28,2008 in the Department of Public Works Parks and Streets Division of Water to the Position of Water
Service Worker Seasonal Appointment at the Flat Starting Salary of $8.15 hour
Thomas Cwik 141 Rebecca Park Buffalo NY 14207
No. 40
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: January 9, 2008 in the Department of Public Works, Parks and Streets Division of Streets to the Position of Laborer II
Permanent Non - Competitive Minimum Starting Salary of $24,430
Juan Crespo 328 Grant St Apt 1 Buffalo NY 14213
CERTIFICATE OF APPOINTMENT
Appointment Effective 01/28/2008 in the Department of Public Works, Parks and Streets Division of Water to the Position of Water Service
Worker Temporary Appointment Minimum at the Starting Salary of $29,038
Daniel Edwards 70 Manhart St Buffalo NY 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective 01/28/2008 in the Department of Public Works, Parks and Streets Division of Water to the Position of Clerk Permanent
Appointment Minimum at the Starting Salary of $25,162
Ronisha Rice 649 Virginia St Buffalo NY 14203
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 41
BOARD PACKET DOCUMENTS
Attached are the following documents from the Joint Schools Construction Board meeting scheduled on January 7, 2008:
1. Draft Agenda
2.Meeting Minutes from JSCB Meeting dated December 3, 2007
3. Phase II Application and Certificate for Payment No. 39 - December 2007
4. Phase III Application and Certificate for Payment No. 9 - December 2007
5. Program Packaging and Development Services (PPDS) Provider Update
6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase III Project -
November 2007
EIVED AND FILED
NO. 42
OLMSTED PARKS CONVERVANCY APPOINTS NEW C.E.O.
Experienced non - profit leader with background in landscape architecture, regional planning & urban design will direct the area's leading parks
management organization
The Buffalo Olmsted Parks Conservancy announces the appointment of Thomas Herrcra - Mishler to the position of Chief Executive Officer.
Mr. Herrera - Mishler will join the not -for profit Olmsted Conservancy beginning in February.
"Thomas Herrera - Mishler brings nearly twenty years of solid leadership, historic preservation, urban planning and fundraising expertise to the
Buffalo Olmsted Park and Parkway System" said J. Jerry Castiglia, chairman of the Olmsted Board of Trustees. "Thomas has a great
understanding of our commitment to broaden community efforts and rebuild these great regional assets, designed by famed landscape
architect Frederick Law Olmsted."
Mr. Herrera - Mishler most recently served as executive director of the 178 year old Massachusetts Horticultural Society, an organization
dedicated to encouraging and developing education and public interest in plants and the environment. Additionally, he served as director of
Toledo Botanical Garden, historic Airlie Gardens -New Hanover County, Wilmington, North Carolina and the Awbury Arboretum & Historic
Estate in Philadelphia.
Herrera - Mishler was an adjunct professor for the Temple University Department of Horticulture and Landscape Architecture and a community
landscape architect for The Pennsylvania Horticultural Society. Prior to joining the non - profit sector Herrera - Mishler worked as a registered
landscape architect and regional planner with a specialization in urban design for projects throughout the United States and abroad including
the master plan for the National Conservation Center of Costa Rica.
Thomas Herrera - Mishler is a 30 -year member of the American Society of Landscape Architects and a recipient of the Rackham Award for
Research Abroad from the University of Michigan where he earned his Master's Degree in Landscape Architecture and Regional Planning
Herrera - Mishler (46) is married to the Honorable Mercedes Herrera Rojas de Mishler, they have three children and will soon be moving to the
Buffalo area. Mr. Herrera - Mishler replaces Johnathan M Holifield, who recently took a position with the Cleveland Urban League.
Interviews and digital (black & White) photos of Thomas Herrera - Mishler are available by contacting Joy Testa Cinquino at (716) 838 -1249 ext.
17 or jtesta o_buffaloolmsted parks. org
2008 marks the thirty -year anniversary of the Olmsted Parks Conservancy, a not -for profit, membership based, community organization, with
the mission to broaden awareness of, appreciation for, and investment in the Buffalo Olmsted Park System in order to enhance, restore and
maintain this historic cultural treasure for the benefit of current and future generations. A national treasure, the Olmsted System is the first of
its kind in the nation designed by America's greatest landscape architect, Frederick Law Olmsted. Listed on the National Register of Historic
Places, Buffalo's Olmsted Parks are frequented by millions annually.
RECEIVED AND FILED
NO. 43
Jan 22, 2008
1/22/2008
Legal Aid Bureau Monthly Report
Enclosed please fond a copy of our Monthly Report and Monthly Activity Report for December 2007. Also, enclosed are the 2007 Annual
Report and Annual Activity Report.
If you have any questions, please feel free to call me at 853 -9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853 -5555 Ext 555.
Copy available in the City Clerks office for review
RECEIVED AND FILED
No. 44
41 Court Street Empire Zone Request
Please let this letter serve as a formal request that our building located at 41 Court Street, Buffalo, New York
located at 41 Corm Street, Buffalo, New York be included in the boundaries of the Empire Zone.
As we do not have a copy of the application for inclusion within the boundaries of the Empire Zone we are not aware of any attachments or
additional information that may be required nor did Ms. Thompson inform us of any.
If you have any questions regarding the above or are in need of any additional information, please call us,
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT & THE OFFICE OF STRATEGIC PLANNING
No. 46
CONCERNS OLMSTED PARK 20 YEAR PLAN
Thank you very much for your recent letter on behalf of River Rock Baseball League. We are very appreciative that you took the time and
made the effort to send us a letter regarding our 20 -year plan. Your views and concerns are of great importance to the Buffalo Olmsted Parks
Conservancy. We are doing our best to accommodate current active uses of the parks, expand all the uses for the parks in general, and be
faithful to the historic Olmsted features in the parks. Your comments provide valuable input to our planning process.
I can assure you that completion of the 20 -year plan's goals should not in any way compromise your plans
and aspirations for your baseball league. In addition, we think that the completion of our plans will enhance
the operation and success of your league and other current recreational uses of the parks.
Thank you also for acknowledging that the Buffalo Olmsted Parks Conservancy has maintained the ball fields in better condition than the
previous manager. If you need help getting the $8,000 project completed this spring let me know personally.
We hope that we can count on your support to make our plans and yours a reality.
Received and filed
No. 46
Resolution Supporting the Eligibility of 432 Pearl Street and
267 Franklin Street in NYS Brownfield Cleanup Program
I am writing in response to your letter which contained a resolution adopted by the Common Council, City of Buffalo, concerning the Buffalo
Development Corporation Brownfield Cleanup Program site known as and located at 275 Franklin Street in Buffalo. As you know, the parcels
at 275 -277 and 279 Franklin Street have previously been determined to be eligible and have a Brownfield Cleanup Agreement (BCA) in place.
A former dry cleaner was located on these parcels.
Buffalo Development Corporation submitted an amended application on October 4, 2007 requesting that two additional parcels, identified as
432 Pearl Street and 267 Franklin Street, be included as eligible for the Brownfield Cleanup Program (BCP). After careful consideration of the
new facts presented in the amendment to the application, the Department determined that the parcels at 267 Franklin Street and 432 Pearl
Street did not meet the eligibility criteria as defined under the State's BCP definition of "Brownfield Site" as set forth in Section 27- !405.2 of the
Environmental Conservation Law and are ineligible for consideration under the regulation governing the BCP contained in 6NYCRR Part 375.
Investigation results at 267 Franklin Street indicate that groundwater is contaminated at levels that may require remediation. However, the
source of this contamination, as well as the source of the marginal contamination at 432 Pearl Street, is located on the existing BCA site.
Remediation required under the existing BCA site will address the contaminated groundwater at 267 Franklin Street.
Both 432 Pearl Street and 267 Franklin Street are considered to be "off- site" parcels. Part 375- 3.3(a)(2) requires that the Department consider
only contamination from on -site sources in determining eligibility for the BCP. To the extent that remedial activities are required on either
parcel, the Department is authorized to utilize the hazardous waste remedial fund for investigation and /or remediation of off -site contamination
emanating from the BCA site.
If you would like additional information on this project or the State's Brownfield Cleanup Program, please contact Mr. Robert Knizek at (518)
402 -9814.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 47
SALE OF MAIN PLACE MALL RAMP
The administration of the City has received an offer from the owners of the Main Place Mall /Liberty project for
the purchase of the Main Place Mall ramp.
As a significant taxpayer of the City of Buffalo and the largest office landlord in Buffalo, I have served on the Buffalo Parking Board and /or the
Buffalo Civic Auto Ramps Board for over twenty -five years.
The continued ownership by the City of the Main Place parking facility is vital to the municipal parking system and downtown development.
The older underground ramp of approximately 1,000 cars is a cash generator vital to the overall rate structure of the downtown municipal
parking system. It's cash surpluses help keep rates reasonable at newer facilities with heavy debt service. The municipal system is the only
balance and protection that the downtown tax base has from unscrupulous predator private operators who yearn to indiscriminately raise rates
and who could easily destroy the tax base and take away what little incentive we have for development.
Since the early 50's downtown municipal parking has been a self- sustaining operation, never seeking one nickel from the City's general fund.
In fact it has produced millions of dollars to the general fund.
In the early 90's downtown assessments were approximately $200,000.00 greater than today. The fall off was due to the vacancy factors.
The reason is that the high (30 %) office vacancy rate in downtown Buffalo is partially the result of the convenience and cost of parking in
downtown as compared to the cost of parking (which is negligible at best) in the suburbs.
To encourage downtown tenancy and development it is necessary to maintain competitive and convenient parking.
Jan 22, 2008
1/22/2008
Years ago the owners of the Main Place Mall and the Liberty Building made a ridiculous low offer to the City of Buffalo to purchase the ramp.
To replace this underground facility in today's dollars would cost approximately $30,000 per car space or $30 million.
A discounted cash flow value of the ramp considering the fact that the ramp reverts to the Mall ownership in approximately fourteen years is
estimated at $18 million. Any sale short of that amount would be a political gift to the buyer. Contrary to the Main Place Mall owners, the ramp
has been kept in very good condition and $2 million for repairs is grossly exaggerated.
Presently all municipal parking facilities are full. We need 2000 new spaces. To take a 1000 car facility off line would be disastrous.
Before the City considers a sale of the ramp, it must replace at least the 1,000 parking spaces with new municipally owned facilities. All
amounts realized on a sale after payment of debt should be reserved for that purpose.
A sale of the ramp to the Main Place ownership would be detrimental to other properties in downtown Buffalo causing them extreme distress
because of the loss of parking availability.
At present, approximately one half of the parking spaces in the Main Place facility are occupied by tenants and their employees working in
other nearby properties, who have relied upon the City of Buffalo's continued operation of the Main Place ramp. If the ramp were to be sold,
the mall owner (despite what they may say) will first provide spaces for the tenancy in its building significantly affecting the availability of
spaces for employees of tenancies of other properties and causing other properties extreme distress with the potential loss of tenancies as a
result of the loss of the available municipally owned parking spaces at Municipal rates.
We submit to you that the ownership of the Main Place facilities was politically supportive of the administration and Councilman Brian Davis
and as a result we expect the administration and he will recommend the sale of the ramp for political reasons and not for reasons that are
justifiable to the taxpayers.
This letter shall serve as notice to the City that such a sale of a significant asset of the City will require a full environmental impact study.
We ask that you oppose the approval of the sale of the facility until such time as the City has provided for replacement facilities adequate to
handle the distress that adjoining properties may suffer as a result of the sale.
Thank you for your attention to the above.
REFERRED TO THE COMMITTEE ON FINANCE AND PARKING BOARD
PETITIONS
NO. 48
J. Kanutso, Agent, Use 2299 South Park, AKA 2301 South Park, Alterations to an
Existing Restaurant
(SOUTH)(HRG 1/29/2008)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 49
T. GREEN, AGENT, USE 30 WYOMING FOR A HSF(MAS)
NO PUB HRG
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 50
OPPOSE DEVELOPMENT PROPERTY
SURROUNDING NFTA RAILROAD PROPERTY
On behalf of more than a thousand residents living in Northeast Buffalo, and mostly in
residences surrounding the former Delaware & Lackawanna (D &L), Buffalo, Lockport & Rochester (B,L &R) and Erie Railroad lines, I am
submitting the following petitions. These petitions state that we are strongly in favor of converting this land into a combination bikepath /rapid
light rail /utility corridor /greenway area which could be interconnected with several existing parks in Buffalo and Tonawanda, and
interconnected with the proposed biketrail from Tonawanda Creek to Kenmore Avenue. We are in favor of the long espoused greenway plans
that have been promoted by the City of Buffalo and members in our community since AT LEAST 1994. And we are strongly opposed to the
recently proposed "Suburb In The City (SITC) project, put forth under the guise of the recent RFP issued by BURA and in conjunction with the
NFTA and certain real estate
developers.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION
FINANCE
(MICHAEL P. KEARNS, CHAIRMAN)
NO. 51
BUDGET AND PERSONNEL AMENDMENT
01 - LEGISLATIVE 1002 - LEGISLATION 02 -CITY CLERK 1020 -CITY CLERK
(ITEM NO. 2, C.C.P., JAN. 9, 2008)
That the Budget and Personnel Amendment as contained in Item No. 2, C.C.P., January 9, 2008 be and the same hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 52
BUFFALO SKYWAY MAINTENANCE AND CLOSURE ISSUES (PW)
(CCP #9, 1/8)
That the Above item be the same and is hereby Referred to the Special Committee on Waterfront
ADOPTED
NO. 53
RESPONSE TO CM LOCURTO'S YEAR 32 BLOCK GRANT REQUEST (STRAT PLAN)
(CEP#9,18)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
Jan 22, 2008
1/22/2008
NO. 54
J. OSTROWSKI- PROPOSAL OF FREE NY, INC TO PURCHASE FAIRFIELD LIBRARY
(CEP# 58,10/16)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRMAN)
NO. 55
RESULTS OF NEGOTIATIONS - 436 AND 440 RHODE ISLAND
(ITEM NO. 5, C.C.P., JAN. 8, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the offer from 426 Rhode Island LLC, Mr. Blair Woods, 426 Rhode Island Avenue, in the sum of six thousand dollars ($6,000.00) for the
purchases of 436 and 440 Rhode Island Avenue, be and they hereby are accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 56
ACTION PLAN FOR THE CITY OF BUFFALO FOR THE FISCAL YEAR 2007 -2008
(ITEM NO. 22, C.C.P., APR. 3, 2007)
That the Action Plan for the City of Buffalo for the Fiscal Year 2007 -2008 as attached to the above communication, be and hereby is adopted.
ADOPTED
LEGISLATION
(JOSEPH GOLOMBEK, JR, CHAIRMAN)
NO. 57
APPOINTMENT ELEVATOR SAFETY REVIEW BOARD(COUCH)(MAYOR)
CCP#2,12/11
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 58
UTILIZING THE BUFFALO POLICE TO ASSIST WITH QUALITY OF LIFE PROBLEMS(POLICE)
CCP#21,11/13
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 59
FOOD STORE LICENSE - 1358 BROADWAY
(ITEM NO. 23, C.C.P., DEC. 26, 2007)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he
hereby is authorized to grant a Food Store License to Mustafa Hassan, Broadway Mart & Deli, located at 1358 Broadway.
PASSED
AYES - 9 NOES -0
NO. 60
REST DANCE CLASS 111 -45 CHIPPEWA WEST (EII)(EDPI)
(#26,4/1)(#892,10 /2)( #94,10/16)
CCP #86,10/30
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 61
UTILIZING BFLO SPECIAL POLICE TO ASSIST WITH QUALITY OF LIFE ISSUES(EDPI)
CCP#3 6,10/16
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 62
J. GOLOMBEK -E. LAPLANT- BUFFALO SPEC POLICE IN SUPPORT OF ISSUING TICKET BOOKS
CCP#65,10/2
That the above item be the same and hereby is Received and Filed.
ADOPTED
Jan 22, 2008
1/22/2008
NO. 63
REPEAL DIRECTION OF ONE -WAY TRAFFIC ON W. CHIPPEWA ST BETWEEN
ELMWOOD AVE AND GEORGIA ST
CCP# 140,9/4
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 64
USED CAR DEALER LICENSE - 2788 BAILEY
(ITEM NO. 68, C.C.P., JULY 24, 2007)
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services Permit be, and
he hereby is authorized to grant a Used Car Dealer license to Lawrence Sessum III d /b /a Maxx Auto Sales, located at 2788 Bailey Avenue.
PASSED
AYES - 9 NOES -0
NO. 65
PROPOSED AMENDMENT TO SECTION 12 -24 CITY OF BUFFALO BOARD OF ETHICS(CTY CLK)
CCP#65,6/26
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 66
REQ ALL CERT, LICENSE, PERMIT & REGISTRATION TO CLEAR A COLLECTIONS CHECK (3 RES)
CCP #99,12/26
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 67
REQ. ALL CERT., LIC, PERMITS & REGS. TO CLEAR COLLECTIONS CHECK(LAW)
CCP# 12,2/20
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 68
M. LOCURTO- AMENDMENT - MUNICIPAL CODE RE: SEWER & UTILITY "CUT- OUTS"
CCP#61,1/23
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 69
B. DAVIS -J. HANNA - RESTAURANT & DANCE LICENSE 45 W. CHIPPEWA ST
CCP #68,12/11
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 70
USED CAR DEALER LICENSE - 2832 BAILEY
(ITEM NO. 66, C.C.P., DEC. 11, 2007)
That the Commissioner of Economic Development Permit and Inspections Services be, and he hereby is ordered to deny a Used Car Dealer
license to Pedro Ruiz, d /b /a LaFamilia Customs Inc. located at 2832 Bailey Avenue.
DENY
NO. 71
USED CAR DEALER -285 SWAN( #142,7 /25)(#43,5/16)(ELL)(EDPI)
CCP#80,11/14
That the above item be the same and hereby is Received and Filed.
ADOPTED
SPECIAL COMMITTEES
WATERFRONT DEVELOPMENT
MICHAEL P. KEARNS
CHAIRMAN
NO. 72
M. KEARNS- ARTICLE GROUND LAKESIDE ROADWAY PLANS
(CCP# 36,11/13)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
Jan 22, 2008
1/22/2008
NO. 73
M. KEAMS- ARTICLE -LNFO DALLAS REDEVELOP TRINITY RIVER FLOOD PLAIN
(CCP# 37,11/13)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 74
M. KEARNS- ARTICLE - INFO - CONGRESS TRANSPORTATION PRIORITIES
(CCP# 38, 11/13)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 75
M. KEARNS- LETTER TO GOV SPITZER -ROAD PROJECT BFLO WATERFRONT
(CCP# 56, 10/16)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 76
M. KEARNS -J. METZGER- LEAGUE OF WOMEN VOTERS
(CCP# 66, 10/16)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 77
H. KOZLOWSKI- NOTICE OF APPROP FUHRMANN BLVD MAP# 343
( #66,10/2)
(CCP# 85, 10/16)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 78
H. KOZLOWSKI- NOTICE OFAPPROP FUHRMANNBLVDMAP #339
(#67,10/2)
(ECP# 86, 10/16)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 79
H. KOZLOWSKI- NOTICE OF APPROP FUHRMANN BLVD MAP# 338R- 1,351 ( #68,10/2)
(CCP# 87, 10/16)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 80
EMPIRE STATE DEV NEWS: ECHDC SIGNS AGREE FOR INNER HARBOR PLAN(CP)( #21,4/3)
(CCP# 102 4/17)
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 81
J. NORQUIST -INFO REVITALIZING BUFFALO'S WATERFRONT
(COP# 41
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 82
M. KEARNS -M. CARLONI -REQ INFO -AID FOR HICKORY WOODS RESIDENTS
(CCP# 48
That the Above item be the same and is hereby Received and Filed.
ADOPTED
NO. 83
M. KEAMS & R. FONTANA- SURVEY - MANDATORY FLOOD I NS.-CAZENOVIA-C REEK FLOOD -PLAIN
AREA
(CCP# 48
That the Above item be the same and is hereby Received and Filed.
ADOPTED
Jan 22, 2008
1/22/2008
RESOLUTIONS
NO. 84
BY: MR. DAVIS
RE: ORDINANCE AMENDMENT
CHAPTER 437, TAXICABS, LIVERIES AND SIGHTSEEING BUSES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 437 of the Code of the City of Buffalo
be amended to read as follows:
§437 -19. Taxi Stands
A.
The following are hereby designated as places where taxicabs may stand while awaiting employment:
Name
Location and Number
of Street
Side
Restrictions of Cabs
Allen Street
North
West of Main Street 1
Best Street
North
Gate No. 1 at Civic Stadium, east of 9
Grape Street, 30 minutes only before
closing of event
Best Street
South
Opposite Gate No. 2 at Civic Stadium, 10
between Peach Street and entrance
to State Armory; 30 minutes before
closing of event
Broadway
South
Approximately 80 feet east of the east
curbline of Gibson Street 5
Broadway
South
(Lafayette Square) Starting at a 3
point approximately 35 feet east of
Main Street and 60 feet east therefrom
Clinton Street
Clinton Street
Church
South
Between Shelton Square and 12
Pearl Street
Delaware Ave
North of Cary Street between hotel 3
entrance and Cary Street
Delaware Avenue East
Nighttime stand, in Parking 2
Meter Stall Nos. DE -307 and
DE -309, south of entrance to
Chez Ami Restaurant, between
7:00 p.m. and 1:30 a.m.,
December 1 to March 15,
and 7:00 p.m. to 3:00 a.m., March 15 to December 1
Delaware Ave
East
North of West Chippewa Street from
7:00 p.m. to 4:00 a.m. only 2
Delaware Ave
West
North of Niagara Square 3
Delaware Ave
West
Between a point 300 feet south of 2
North Street and a point 70 feet south therefrom
Dodge Street
South
Gate No. 3, Civic Stadium, between points 5
opposite west property line of 298 Dodge Street and east property line
of 304 Dodge Street; 30 minutes only before closing of event
Dodge Street
South
Between the west side of
Gate No. 3 at Civic Stadium and Main Street feed line; for a period of
30 minutes before closing of event
Dodge Street
South
Gate No. 4, Civic Stadium, between points opposite east property line
of 332 Dodge Street and west property line
342 Dodge Street; 30 minutes only before closing of event
Eagle St
North
East of Main St 3
Ellicott St
South
[Between points 90 !bet no:N:
and 190 feet north of North Division Street]
Ellicott
West
Between points 45 feet north 2
and 120 feet north of Swan Street
Franklin St
East
Between a point 210 feet north of
Court Street and a point 60 feet south 3
therefrom (in existing
"No Parking" zone during Convention Center events only)
Franklin St East
North of West Chippewa Street from
7:00 p.m. to 4:00 a.m. only 3
Genesee St North
Mohawk Street to Franklin Street 4
Genesee St
Genesee St South
West of Main Street 3
Huron St North
West of Main Street 2
Jefferson Ave East
100 feet north of Eagle Street 2
And extending 40 feet north therefrom
Jan 22, 2008
1/22/2008
Jefferson Ave
East
125 feet south of East Ferry Street and 2
extending 40 feet south therefrom
Jefferson Ave
East
Jefferson Ave
West
125 feet north of Florida Street and 2
extending 40 feet north therefrom
Lafayette Square
South
East of Main Street
Lafayette Square
Lower Terrace
South
East of Pearl Street and west of 5
Lower Terrace, Memorial Auditorium entrance
Lower Terrace
South
West of Pearl Street in no- standing
area, taxi feed line only
Main Street
At No. 621 Main Street 2
Main St
East
Nighttime stand, in Parking 3
Meter Stall Nos. M -669, M -671 and M -673,
opposite the Greyhound Bus Terminal, between
7:00 p.m. and 1:30 am December 1 to March 15 and
7:00 pm to 3:00 am March 15 to December 1
Main St
West
At Hotel Worth 1
Main St
West
At foot of Main St 4
Opposite DI and W Depot cab Terminis
Main St
West
North of Main St Entrance 5
To Memorial Auditorium
Main St
West
South of Main St Entrance 5
To Memorial Auitorium
Main St
West
South of Seneca St 1
Main St
West
South of Utica St 2
Main St
West
Between points 125 feet north 2
And 165 feet north of West Seneca Street
Masten Ave
East
Between East North St and Best St feed
Line only to Civic Stadium; for period
Of 30 minutes before closing of event
Michigan Ave
East
110 feet south of Broadway 3
And extending 60 feet South therefrom
Mohawk St
North
East of Main St 1
Mohawk St
South
Genesee Street to Franklin St 3
Mohawk St
South
West of Main Street
North Division St
North
Between [the Niagara Frontier Transit 1
Authority Terminal] the northeast comer
of the intersection of Ellicott Street and North Division Street
and the north[east]west comer of the intersection of Oak
Street and North Division Street
North div St
South
East of Main St 2
Pearl St
East
Starting at a point 30 feet north of 3
Chippewa Street and 105 feet north therefrom
Pearl St East
Between a point 310 feet north of West Chippewa Street
(St. Lt. 433) and a point 50 feet north therefrom
Pearl
East
From a point 55 feet south of 3
West Huron Street to a point 125 feet south of West Huron Street
Pearl St
West
South of Lower Terrace 5
Pearl St
West
South of West Chippewa Street from 2
7:00 p.m. to 4:00 a.m. only
Pennsylvania St
North
Just east of drive leading into Pennsylvania 5
Street entrance to Kleinhans Music Hall,
feed line only to Kleinhans Music Hall; for a period of
30 minutes before the closing of event
Perry St
North
Between a point 75 feet east of Washington 6
Street and a point 120 feet east therefrom
Prospect Ave
Between Porter Avenue and 28
Connecticut Street as a feed line only
South Elmwood Ave West
South of Chippewa Street 3
Swan St
South
East of Washington Street 2
Walnut St
West
South of William St 6
Washington St
East
North of Broadway, Adjacent to
Lafayette Theatre 2
Washington St
East
50 Feet South of Swan St 2
Washington St
West
South of Swan St 2
Washington St and
Chippewa st
Southeast Corner 4
Water St
South
West of Boat Ramp as feed
Jan 22, 2008
1/22/2008
NO. 85
BY: MR. DAVIS
RE: HANG BANNER FOR MARDI GRAS
Whereas: Mardi Gras Translated to "Fat Tuesday," historically represented the last opportunity for merrymaking and indulgence in food and
drink before the solemn season of fasting; and
Whereas: Some Roman Catholic Countries have supported the custom of Mardi Gras Carnivals dating back to the Middle Ages; and
Whereas: Mardi Gras carnivals traditionally include spectacular parades, masked balls, mocked ceremonies and street dancing; and
Whereas: The most popular and well known Mardi Gras Carnival in the United States is held annually in New Orleans; and
Whereas: For more than ten years, Buffalo has held its own Mardi Gras Celebration in downtown Buffalo. Cooler and snowier than New
Orleans, the Buffalo celebration participation continues to grow; and
Whereas: Once again, the annual Buffalo Mardi Gras parade is being held on Fat Tuesday, February 5, 2008, on prominent Chippewa Strip;
and
Whereas: Universal Liquors is requesting permission from the City of Buffalo to place three signs across Chippewa announcing Mardi Gras;
and
Whereas: Universal Liquors wishes to place the signs across Chippewa between Elmwood and Delaware, Delaware and Franklin, Franklin
and Pearl; and
Whereas: The banners to be hung measure approximately thirty feet and will be hung from January 25- February 6, 2008.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby approve the placement of three banners across Chippewa Street between the
dates of January 25 - February 6, 2008, for the purpose of advertising annual Mardi Gras festivities in Buffalo; and
Be It Finally Resolved:
That this honorable Body does hereby approve the request for banners by Universal Liquors with the condition that all City of Buffalo
regulations as they pertain to the hanging of banners be met.
PASSED
AYES -9 NOES -0
101SX1.1
BY: MR. FONTANA
RE: APPOINTMENT LEGISLATIVE AIDE
WHEREAS: Bryan Bollman who resides At 102 Weiss Street, Buffalo, New York 14206 is an outstanding resident and homeowner in the City's
Kaistertown neighborhood; and
WHEREAS: Bryan is attending U.B. night school in the fields of Business and Political Science.
NOW THEREFORE BE IT RESOLVED THAT: Bryan Bollman be appointed Legislative Aide to the Lovejoy District office.
ADOPTED
NO. 87
BY: COUNCIL MEMBER RICHARD FONTANA
SUBJECT: AUTHORIZING RESOLUTION FIRST AMENDMENT TO GROUND LEASE OF SCHOOLS AND AMENDED AND RESTATED
STATE AND TRUST AGREEMENT FOR PHASE III -B OF BUFFALO SCHOOLS REDEVELOPMENT PROJECT
WHEREAS, Resolution of the City of Buffalo authorizing a lease of certain educational facilities to the Erie County Industrial Development
Agency and authorizing an Amended and Restated State Aid Trust Agreement to facilitate collection and deposit of state aid to education and
payment of debt service on bonds issued by said Agency to finance the renovation, reconstruction, equipping and furnishing of such facilities,
determining the terms and conditions of such agreements, and other matters in connection therewith.
WHEREAS, The Legislature of the State of New York, pursuant to Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws
of 2003, and Chapter 421 of the Laws of 2004 of the State, and Chapter 283 of the Laws of 2006 (the "School Act ") has enacted legislation
authorizing the Erie County Industrial Development Agency ( "ECIDA ") to finance, own, or lease educational facilities of the City of Buffalo (the
"City ") and the City School District of the City of Buffalo (the "School District ") to be renovated or reconstructed pursuant to state law; and
WHEREAS, The City and the School District through their duly authorized agent for such purposes, the Joint School Construction Board
( "JSCB "), have entered into arrangements with the ECIDA to finance various public school facilities and to assist in the acquisition, renovation,
construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the
comprehensive redevelopment of the City's public schools (the "Project "); and
WHEREAS, The initial phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter
defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143,
C.C.P. October 22, 2002); and
WHEREAS, The second phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter
defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on December 2, 2004 (Item 133,
C.C.P. December 2, 2004); and
Jan 22, 2008
Line only
10
West Seneca St South
Between Main St and A point 60 feet
3
South therefrom
William St North
20 feet west of Cedar St
2
And extending 40 feet west therefrom
William St South
20 feet east of Monroe St and
3
Extending 60 feet east therefrom
Windemere Boulevard West
South of Kenmore Ave
2
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON
LEGISLATION
NO. 85
BY: MR. DAVIS
RE: HANG BANNER FOR MARDI GRAS
Whereas: Mardi Gras Translated to "Fat Tuesday," historically represented the last opportunity for merrymaking and indulgence in food and
drink before the solemn season of fasting; and
Whereas: Some Roman Catholic Countries have supported the custom of Mardi Gras Carnivals dating back to the Middle Ages; and
Whereas: Mardi Gras carnivals traditionally include spectacular parades, masked balls, mocked ceremonies and street dancing; and
Whereas: The most popular and well known Mardi Gras Carnival in the United States is held annually in New Orleans; and
Whereas: For more than ten years, Buffalo has held its own Mardi Gras Celebration in downtown Buffalo. Cooler and snowier than New
Orleans, the Buffalo celebration participation continues to grow; and
Whereas: Once again, the annual Buffalo Mardi Gras parade is being held on Fat Tuesday, February 5, 2008, on prominent Chippewa Strip;
and
Whereas: Universal Liquors is requesting permission from the City of Buffalo to place three signs across Chippewa announcing Mardi Gras;
and
Whereas: Universal Liquors wishes to place the signs across Chippewa between Elmwood and Delaware, Delaware and Franklin, Franklin
and Pearl; and
Whereas: The banners to be hung measure approximately thirty feet and will be hung from January 25- February 6, 2008.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby approve the placement of three banners across Chippewa Street between the
dates of January 25 - February 6, 2008, for the purpose of advertising annual Mardi Gras festivities in Buffalo; and
Be It Finally Resolved:
That this honorable Body does hereby approve the request for banners by Universal Liquors with the condition that all City of Buffalo
regulations as they pertain to the hanging of banners be met.
PASSED
AYES -9 NOES -0
101SX1.1
BY: MR. FONTANA
RE: APPOINTMENT LEGISLATIVE AIDE
WHEREAS: Bryan Bollman who resides At 102 Weiss Street, Buffalo, New York 14206 is an outstanding resident and homeowner in the City's
Kaistertown neighborhood; and
WHEREAS: Bryan is attending U.B. night school in the fields of Business and Political Science.
NOW THEREFORE BE IT RESOLVED THAT: Bryan Bollman be appointed Legislative Aide to the Lovejoy District office.
ADOPTED
NO. 87
BY: COUNCIL MEMBER RICHARD FONTANA
SUBJECT: AUTHORIZING RESOLUTION FIRST AMENDMENT TO GROUND LEASE OF SCHOOLS AND AMENDED AND RESTATED
STATE AND TRUST AGREEMENT FOR PHASE III -B OF BUFFALO SCHOOLS REDEVELOPMENT PROJECT
WHEREAS, Resolution of the City of Buffalo authorizing a lease of certain educational facilities to the Erie County Industrial Development
Agency and authorizing an Amended and Restated State Aid Trust Agreement to facilitate collection and deposit of state aid to education and
payment of debt service on bonds issued by said Agency to finance the renovation, reconstruction, equipping and furnishing of such facilities,
determining the terms and conditions of such agreements, and other matters in connection therewith.
WHEREAS, The Legislature of the State of New York, pursuant to Chapter 605 of the Laws of 2000, as amended by Chapter 59 of the Laws
of 2003, and Chapter 421 of the Laws of 2004 of the State, and Chapter 283 of the Laws of 2006 (the "School Act ") has enacted legislation
authorizing the Erie County Industrial Development Agency ( "ECIDA ") to finance, own, or lease educational facilities of the City of Buffalo (the
"City ") and the City School District of the City of Buffalo (the "School District ") to be renovated or reconstructed pursuant to state law; and
WHEREAS, The City and the School District through their duly authorized agent for such purposes, the Joint School Construction Board
( "JSCB "), have entered into arrangements with the ECIDA to finance various public school facilities and to assist in the acquisition, renovation,
construction, reconstruction, improvement, equipping and furnishing of such public school facilities within the City in order to implement the
comprehensive redevelopment of the City's public schools (the "Project "); and
WHEREAS, The initial phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter
defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on October 22, 2002 (Item 143,
C.C.P. October 22, 2002); and
WHEREAS, The second phase of Project, the leasing of school facilities related thereto, and the disposition of State Aid Revenues (hereafter
defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on December 2, 2004 (Item 133,
C.C.P. December 2, 2004); and
Jan 22, 2008
1/22/2008
WHEREAS, The first portion of the third phase of the Project, the leasing of the school facilities thereto, and the disposition of State Aid
Revenues (hereafter defined) in connection therewith, were approved by resolution of the Common Council of the City of Buffalo on ,2007
(Item .... 2007); and
WHEREAS, The second portion of the third phase of the Project (the "Phase III B Project ") is to be located at the facilities more specifically set
forth in Appendix A annexed hereto (collectively the "Facilities "), for lease to the ECIDA pursuant to a First Amendment to Ground Lease
(Series 2008 Project) among the City, the School District and the ECIDA (the "Ground Lease "); and
WHEREAS, In order to finance a portion of the cost of the Phase 111 B Project, the ECIDA intends to issue from time to time its School Facility
Revenue Bonds (City School District of the City of Buffalo Project), Series 2008A (the "ECIDA Bonds "), all pursuant to the School Act and
other applicable legislation, and to secure the ECIDA Bonds with installment payments to be paid by the School District to the ECIDA pursuant
to a Facilities Installment Sale Agreement (the "Facilities Agreement ") between the ECIDA and the Buffalo Board of Education; and
WHEREAS, The School District's obligation to make such installment payments to the ECIDA will be subject to annual appropriation by the
State of New York and the School District and will be payable solely from the total amount of annual aid to education paid by the State of New
York (the "State ") to the School District and earnings on the investment thereof while in the custody of the Depository Bank under the
Amended and Restated State Aid Trust Agreement, herein defined ( "State Aid Revenues "); and
WHEREAS, Pursuant to the State Education Law (1) the disbursement of State Aid Revenues is solely the prerogative and responsibility of
the Board of Education so long as such revenue is spent for the educational purposes appropriated and within the limits of the appropriation,
(2) the Board of Education shall make such classification of the funds under its management and control and the disbursements thereof as the
Comptroller of the City (the "Comptroller ") shall require, and (3) the Board of Education shall furnish such data in relation to such funds and
their disbursements as the Comptroller shall require; and
WHEREAS, The Comptroller periodically authorizes the issuance of City revenue anticipation notes in anticipation of the receipt of State Aid
Revenues and the Comptroller is required by State law to provide for the set aside of State Aid Revenues to provide for repayment of such
notes; and
WHEREAS, The establishment and maintenance of a Amended and Restated State Aid Trust Agreement in respect of which the State Aid
Revenues are to be deposited for periodic disbursement in the respective amounts necessary for payment of installment payments due under
the Facilities Agreement and City revenue anticipation notes issued in anticipation of State Aid Revenues will facilitate the marketing and sale
of the ECIDA Bonds secured by such lease payments;
NOW, THEREFORE,
BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows:
Section 1. The Common Council of the City hereby determines and makes appropriate legislative findings that the Project and the financing
thereof by the ECIDA is beneficial for the residents of the City and will promote educational opportunities to the residents of the City.
Section 2. In furtherance of the Project, the Common Council of the City hereby authorizes the lease of the Facilities to the ECIDA. For the
purposes of providing the terms and conditions applicable to the leasing of the Facilities to the ECIDA, the Ground Lease a form of which is
attached hereto as Appendix B and made a part hereof with such changes as the Mayor of the City shall deem advisable, he and the same is,
hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Ground Lease in the
name of the City; the execution and delivery of the Ground Lease shall be conclusive evidence of due authorization and approval of by the
Common Council of the City of the Ground Lease. Section 3. In order to facilitate the payment by the School District of installment payments
under the Facilities Agreement and the marketing and sale of the ECIDA Bonds, the Common Council of the City hereby authorizes the
Comptroller to direct the payment of State Aid Revenues pursuant to instructions from the Comptroller and the Superintendent of the School
District delivered to the New York State Comptroller to Manufacturers and Traders Trust Company, Buffalo, New York, as depository bank (the
"Depository Bank "). Such State Aid Revenues will be held by the Depository Bank in a State Aid Trust Fund and will he disbursed from such
fund from time to time to pay installment payments due under the Facilities Agreement. For the purposes of providing for the terms of the
collection and deposit of State Aid Revenues into the State Aid Trust Fund and the investment thereof and the disbursement of amounts held
therein, the Amended and Restated State Aid Trust Agreement, in such form as the Mayor of the City shall deem advisable, be and the same
is, hereby approved; and the Mayor of the City is hereby authorized and directed to execute, acknowledge and deliver the Amended and
Restated State Aid Trust Agreement in the name of the Common Council of the City, and the execution and delivery of the Amended and
Restated State Aid Trust Agreement shall be conclusive evidence of due authorization and approval of by the Common Council of the City of
the Amended and Restated State Aid Trust Agreement.
Section 4. The Common Council of the City and the Board of Education of the School District, along with their properly authorized agent, the
JSCB, are hereby authorized to proceed with the Phase III B Project and the Mayor of the City is hereby designated the authorized
representative of the Common Councd of the City and he is hereby authorized and directed to execute and deliver any and all papers,
instruments, agreements, opinions, certifications, affidavits and other documents and to do and cause to be done any and all acts and things
necessary or proper for the carrying out of this resolution and any instrument, agreements or other documents authorized hereby, and any
prior actions taken to effectuate the Phase III B Project by the JSCB are hereby ratified.
Section 5. No stipulation, obligation or agreement contained in this resolution, the Ground Lease, the Amended and Restated State Aid Trust
Agreement or any other documents executed by the City pursuant to the Ground Lease, the Amended and Restated State Aid Trust
Agreement or any agreement in furtherance hereof shall be deemed to be a stipulation, obligation or agreement of any member of the
Common Council, officer, agent or employee of the City in his or her individual capacity and neither the members of the Common Council of
the City nor any officer executing any of the agreements authorized by this Resolution shall be liable personally on such agreements or he
subject to any personal liability or accountability by reason thereof.
Section 6. This resolution shall take effect immediately upon approval of the Mayor of the City.
PASSED
AYES -9 NOES -0
NO. 88
BY MR FRANCZYK
RE: KEY BANK DEPARTURE FROM BROADWAY MARKET
WHERERAS: The Broadway Market this year will celebrate its 120 anniversary as a
vital asset to the region, City of Buffalo and the Broadway -Fill more Community; and,
Jan 22, 2008
1/22/2008
WHEREAS: The Broadway Market has improved its financial health over recent years as it continues to serve the community, but, in this
anniversary year, it was dealt a hard blow when an anchor tenant, Key Bank, has given notice that it will not renew its lease on May 1, 2008;
and,
WHEREAS: Key Bank pays $35,000 in annual rent to the Broadway Market, an amount
the Market cannot afford to lose; and,
WHEREAS: A strategy needs to be put in place now to find a new tenant if Key Bank does not reconsider its decision, which it should to honor
the bank's obligations under the Community Reinvestment Act; and,
WHEREAS: Tentative outreach to other lending institutions has occurred under the auspices of the Fillmore District Council office, but all
concerned parties need to become involved; and,
WHEREAS: The city's Department of Economic Development /Strategic Planning has worked hard in recent years to strengthen the Broadway
Market's financial health and keep it as an important shopping and cultural presence in the city;
NOW THEREFORE BE IT RESOLVED:
That the Department of Economic Development Permits and Inspections, and its Office of Strategic Planning, work with the Broadway Market
Board and all other relevant parties to help retain or find a new anchor tenant for the Broadway Market pending the departure of Key Bank on
May 1, 2008.
REFERRED TO THE COMMIITTEE ON COMMUNITY DEVELOPMENT.
BY: MR. FRANCZYK
NO. 89
RE: WATER INTAKE POWER GENERATOR
WHEREAS: The old Peace Bridge water intake has not been actively used in many years; and,
WHEREAS: It may be useful to determine if this dormant intake can be re- tooled as a receptacle for drawing water to create electric power;
NOW THEREFORE BE IT RESOLVED:
That the Public Works Department determine if it is technically possible or feasible to draw water into the old intake and direct it to a power
generator system to generate electricity for the City of Buffalo.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 90
BY: MR. KEARNS
TRANSFER OF FUNDS
COMMON COUNCIL- LEGISLATIVE
That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of
$2,500 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below:
From:
Common Council Lelslative
10111001 - 411001 Salary $2,00.00
10103001 - 411001 Salary $500.00
To
Common Council Legislative
10105001 - 411001 Salary $500.00
10107001 - 411001 Salary $2,000.00
PASSED
AYES -9 NOES -0
NO. 91
BY: COUNCILMEMBER MICHAEL LOCURTO
RE: LEGISLATIVE ASSISTANT APPOINTMENT
SENIOR LEGISLATIVE ASSISTANT
WHEREAS: I am appointing Bradley K. Hamm, who resides at 532 Auburn Avenue, Buffalo, New York as a Legislative Assistant in my office;
and Brian C. Bray, who resides at 665 Parkside Avenue, Buffalo, New York as a Senior Legislative Assista —.— o— the Common Council.
WHEREAS: Mr. Hamm has previously worked for the University Heights Community Development Association and the City of Troy, New York,
and Mr. Bray has previously worked for the Erie County Legislature as a Senior Administrative Clerk
WHEREAS: Mr. Hamm is a graduate of the University at Buffalo and received a M.U.P. in May 2006; and Mr. Bray is a graduate of the
University of Buffalo and received his B.A. in Political Science in 2002.
NOW THEREFORE BE IT RESOLVED:
That the Common Council appoints Mr. Bradley K. Hamm to Legislative Assistant for the Delaware District, and Mr. Brian C. Bray to Senior
Legislative Assistant to the Common Council.
ADOPTED
NO. 92
BY: COUNCILMEMBER MICHAEL LOCURTO
RE: ASSISTANT LEGISLATIVE AIDE APPOINTMENT
WHEREAS: I am appointing Samuel Sanders, who resides at 169 Bidwell Parkway, Buffalo, New York as an Assistant Legislative Aid in my
office; and
WHEREAS: Mr. Sanders has previously worked for Senator Charles Schumer and Representative Brian Higgins, and is quite capable of filling
this position; and
WHEREAS: Mr. Sanders is a graduate of Georgetown University and received a B.A. in History in May 2007; and
NOW THEREFORE BE IT RESOLVED:
Jan 22, 2008
1/22/2008
That the Common Council appoints Mr. Samuel Sanders to Assistant Legislative Aide for the Delaware District.
ADOPTED
NO. 93
BY: MR. GOLOMBEK
RE: DISCHARGE LEGISLATION COMMITTEE
ITEM #24 C.C.P. NOV. 27, 2007
"WHOLESALE JUNK DEALER 49 HOPKINS(SOUTH)(EDPI)"
The above item is currently in the Legislation Committee; and
It is no longer necessary for this item to be considered by that committee;
Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the Legislation Committee from further consideration of Item 24, C.C.P. Nov. 27, 2007,
"Wholesale Junk Dealer 49 Hopkins(South)(EDPI)" and said item is now before the Common Council for its consideration.
PASSED
AYES -9 NOES -0
Sponsor: Mr. Smith
01 [* ]&!1
EQUITY IN ENERGY /UTILITY FUNDING
Whereas: The City of Buffalo pays for energy costs In selected community centers and senior centers; and
Whereas: The percentage paid for energy costs is distributed to these centers on an unequal basis; and
Whereas: There are centers located in areas of the City of Buffalo, that are not classified as impoverished census tracts, receiving allocations
to cover one hundred percent of their utilities; and
Whereas: There are centers In Impoverished census tract areas that do not receive any assistance for the cost of energy utilities; and
Whereas: There is no specific standard for how the assistance for energy costs is distributed to community centers and senior centers; and
Whereas: Community centers and senior centers, receiving financial support from the City, should receive the same percentage of distributed
funds for the cost of energy utilities; and
Now, Therefore Be It Resolved:
That this Common Council requests that Information be provided, disclosing how much the City of Buffalo spends on utilities for buildings
outside of City Hall, along with an itemization of costs, who and where they are as well as percentages of utilities paid for all human service
agencies, organizations and other entitles supported by the City; and
Be It Further Resolved:
That this Common Council requests that the City of Buffalo evaluate the procedures used In the allocation of funds to community and senior
centers to assist with the cost of energy utilities. After completion of the evaluation process, recommendations be provided to this Common
Council and new leases be redrafted and for an equitable environmental friendly approach in funding for energy /utility funding; and
Be It Further Resolved:
That this Common Council requests that the Commissioner of Community Services and Recreational Programming and the Director of
Telecommunications take part In the evaluation process; and
Be It Further Resolved:
An energy audit is done at all community centers as well as recommendations for energy conservation and greener alternatives; and
Be It Finally Resolved: That Implemented procedures, for paying energy costs at City - supported centers; agencies and organizations Include
using the calculation of a percentage derived from an average amount paid across all census tracts within
City limits.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 96
BY: DEMONE A SMITH
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of deeds for the term ending December 31,
2008, conditional upon the persons so appointed certifying under oath to their qualifications and filing same with
the City of Buffalo
Elizabeth Burakowski Samuel Sanders Bradley Hamm
Barbara McAlister Broc Dehn John Rodriguez
Kathy Rine Lisa Duke Judith Luderman
Deanne Lukasik Diane Saxe
TOTAL 11
ADOPTED
NO. 96
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:
Richard Harrington Anthony Diina Donna Garcia
Jonathan Patrick
Total: 4
ADOPTED
Jan 22, 2008
1/22/2008
NO. 97
ANNOUNCEMENT OF COMMITEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, January 29, 2008 at 9:45 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, January 29, 2008 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, January 29, 2008 at 2:00 o'clock P.M.
Committee on Finance Thursday, January 31, 2008 at 10:00 o'clock A.M.
(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. 98
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 2:50 PM
GERALD CHWALINSKI
CITY CLERK
Jan 22, 2008
Jan 22, 2008
1/22/2008
Jan 22, 2008