HomeMy WebLinkAbout04-0720
No.15
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JULY 20, 2004
PENSION PROCEEDINGS
JULY 22, 2004
CLAIMS COMMITTEE: James D. Griffin, Chairman,
Richard A. Fontana, Joseph Golombek,Jr., Antoine M.
MAYOR Thompson - Members
Hon. Anthony M. Masiello
COMMUNITY DEVELOPMENT COMMITTEE: Joseph
ACTING COMPTROLLER Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
Andrew Sanfilippo Russell, Antoine M. Thompson - Members
COMMON COUNCIL FINANCE COMMITTEE: Brian C. Davis, Chairman,
PRESIDENT OF THE COUNCIL Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin
FILLMORE DISTRICT - Members.
David A. Franczyk
LEGISLATION COMMITTEE: Richard A. Fontana,
PRESIDENT PRO TEMPORE Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
UNIVERSITY DISTRICT Bonnie E. Russell - Members
Bonnie E. Russell
RULES COMMITTEE: David A. Franczyk, Chairman
MAJORITY LEADER Marc A. Coppola, Bonnie E. Russell - Members
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS SPECIAL COMMITTEES
BRIAN C. DAVIS - ELLICOTT BUDGET COMMITTEE:Dominic J. Bonifacio, Jr.,
RICHARD A. FONTANA - LOVEJOY Chairman, Marc A. Coppola, Brian C. Davis, Joseph
ANTOINE M. THOMPSON - MASTEN Golombek, Jr. - Members
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH MINORITY BUSINESS ENTERPRISE COMMITTEE-
JAMES D. GRIFFIN - SOUTH Antoine M. Thompson, Chairman Brian C. Davis, James D.
Griffin
REGULAR COMMITTEES
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
A. Franczyk, Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana-Members
FRUITBELT REDEVELOPMENT COMMITTEE
Brian C. Davis, Chairperson
CORPORATION PROCEEDINGS
Change Order No. 2 $50,838.96
Change Order No. 3
COMMON COUNCIL Previous CCD Recovery $ (28.714.00)
CITY HALL - BUFFALO Total Change Order No. 3 $(28,714.00)
TUESDAY, JULY 20, 2004 New Contract Amt. $186,701.00
AT 2:00 P.M. ELEVATOR
ThyssenKrupp Elevator Co.-Contract No. 92010772
PRESENT – David A. Franczyk, President of the Original Contract $ 530,200.00
Council, and and Council Members Bonifacio, Coppola, Change Order No. 1 $ -8,010.00)
Davis, Fontana, Golombek, Griffin, Russell and Change Order No. 2 $ 4,21.00
Thompson – 9. Changer Order No. 3
Credit Contract Allowance $(11,599.00)
ABSENT - None. Total Change Order No. 3 $ (11,599.00)
New Contract Amt. $ 514,804.00
On a motion by Mr. Coppola seconded by FINAL CONTRACT AMOUNT
Mr.Fontana, the minutes of the stated meeting held on These changes could not be foreseen at the time the
July 9, 2004 were approved. contract was let. All costs have been reviewed by the
architect and the construction manager and found to be fair
FROM THE MAYOR and equitable. Funds for this work are available in bond
account 51019046 445100.
FROM THE MAYOR - EXECUTIVE DEPARTMENT I request that your Honorable Body authorize a change order
to the contracts as set forth above.
FROM THE BOARD OF PARKING Mr. Coppola moved:
That the above communication from the Chairman
NO. 1 of the Board of Parking dated July 14, 2004, be received and
CHANGE ORDER NO. 3 filed; and
ADDITION TO THE ROBERT B. ADAM PARKING RAMP That the Chairman of the Board of Parking be, and
I hereby submit to your Honorable Body the following he hereby is authorized to issue change order No. 3, to C &
changes for the addition to Robert B. Adam parking ramp. L Plumbing, Inc., an increase in the amount of $19,925.00,
PLUMBING Contract No. 92010758; change order No. 3, to CIR
C & L Plumbing, Inc. - Contract No. 9201075 8 Electrical Construction, an increase in the amount of
Original Contract $30,900.00 $28,00.00, Contract 92010734; change order No. 3, to
Change Order No. 1 $20,982.00 Summit Construction Groups Inc., an increase in the amount
Change Order No. 2 $32,386.31 of $50,462.50, Contract No. 92010727; change order No. 3,
Change Order No. 3 to Victor Liberator Time Systems, an increase in the amount
Test & Repair Existing Fire System $15,425.00 of $28,714.00, Contract No. 92010739; change order No. 3,
Drainage Clean-out Existing System $4,500.00 to ThyssenKrupp Elevator Co., an increase in the amount of
Total Change Order No. 3 $19,925.00 $11,599.00, Contract No. 92010772, as more fully described
New Contract Amt. $104,193.31 in the above communication, for work relating to Robert B.
FINAL CONTRACT AMOUNT Adam Parking Ramp. Funds for this project are available in
ELECTRICAL bond account 51019046 445100.
CIR Electrical Construction Inc - Contract No. 92010734 Passed
Original Contract $314,100.00 AYES-BONIFACIO, COPPOLA, DAVIS, FONTANA,
Change Order No. 1 $102,402.48 FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON-8.
Change Order No. 2 $63,718.00 NOES-GRIFFIN-1.
Change Order No. 3
Contract Unused Allowances $(23,000,00) NO. 2
Total Change Order No. 3 $(28,000.00) A. THOMPSON LIVING WAGE COMMISSION
New Contract Amt. $452,220.48 #60. CCP JULY 60, 2004
FINAL CONTRACT AMOUNT
ALL TRADES Buffalo Civic Auto Ramps Inc is in the process of converting
Summit Construction Groups Inc-Contract No. 92010727 to a 501 (c).(4) non-profit tax status.
Original Contract $1,252,500.00 Buffalo Civic Auto Ramps Inc. has met on several occasions
Change Order No. 1 $159,469.95 over the past several months with representatives of the
Change Order No.2 $132,189.45 Living Wage Commission to discuss implementation of the
Change Order No. 3 Living Wage Ordinance. Buffalo Civic Auto ramps Inc. has
Bulletin #3.1 - At Grade Revisions $24,680.00 every intention of complying with the Living Wage Ordinance
Joint Sealant at Stair Landings $1,340.00 in the next 30-60 days.
Mech Rm. Closure Plates $1,988.19 REFERRED TO THE COMMITTEE ON FINANCE.
Added Window Railings $16,299.78
Work at Entrance/Existing Wall $654.53 NO. 3
Added Security Screens $13,200.00 RESULTS OF BIDS
Credit Unused Allowances $(7,700.00) WEBSTER BLOCK - 75 MAIN STREET
Total Change Order No. 3 $50,462.50 The lease agreement between the City of Buffalo and Allright
New Contract Amt. $ 1,594.619.90 NY Parking Inc. for 75 Main Street expires June 30, 2004.
FINAL CONTRACT AMOUNT At the request of the Law Department the Board of Parking
PARKING EQUIPMENT advertised for a new one (1) year lease agreement on June
Victor Liberator Time Systems-Contract No. 92010739 14, 2004 and held a public bid opening in 1801 City Hall at I
Original Contract $140,950.04 1:00 a.m. on July 14, 2004.
Change Order No. 1 $23,626.04
Due to the uncertainty of a National Hockey League season Accessory signs
this fall and winter due to the expiration of the players RECEIVED AND FILED.
contract, the City of Buffalo sought two proposals for the
Webster Block: NO. 5
1 . Proposal One assumes a full NFL season. If there is a GREATER BUFFALO SAVINGS BANK
partial strike/lockout, the bidder was asked to give a nightly 690 KENMORE AVENUE
dollar amount to be credited against the rent due - e.g. ACCESSORY SIGNS
Sabres loss ten (10) games of the season - 10 games x ITEM NO. 63, C.C.P. 7/6/2004
dollars amount credit The City Planning Board at its regular meeting
2. Proposal Two assumes no NHL season, and the held Tuesday, July 13, 2004, considered the matter
remaining evening events (lacross, concerts, circus, ice captioned above pursuant to Section 387-19 of the Buffalo
shows, etc.) Code, Application for billboard, ground or pole sign permit.
The results are as follows: The applicant seeks to erect an illuminated
BIDDER ANNUAL RENTAL 4’x9’8”x17’10” pylon "ID" sign along with two 3.5’x2’ ground
Pro Park LLC Proposal No. 1 - $241,241 directional signs, two 11.5 s.f. wall signs and two 8.75 s.f.
465 Main Street - Suite 150 Annex ($1600 nightly credit if logos at 690 Kenmore Avenue. Under SEQR the proposed
no NHL game) signs are considered an unlisted action which may be
Buffalo, NY 14203 studied through uncoordinated review.
Proposal No. 2 - $161,161 The Planning Board voted to recommend approval
No NHL season of the signage provided that vegetative screening that
Allright NY Parking Inc. Proposal No. 1 - $238,000 includes several species of plantings of heights of at least 31
107 Delaware Ave - Suite One ($3500 nightly credit if at and around the base of the pylon sign.
no NHL game) RECEIVED AND FILED.
Buffalo, NY 14202
Proposal No. 2 - $95,000 NO. 6
No NHL season ALL CARE PHYSICAL THERAPY 3101 MAIN ST.
Skydeck Corporation Proposal No. 1 - $160,100 ACCESSORY SIGN
297 Franklin Street ($2500 nightly credit if no ITEM NO. 59, C.C.P. 6/22/2004
NHL game) The City Planning Board at its regular meeting
Buffalo, NY 14202 held Tuesday, July 13, 2004, considered the matter
Proposal No. 2 - $75,100 captioned above pursuant to Section 387-19 of the Buffalo
At this time we recommend that a one year lease be Code, Application for billboard, ground or pole sign permit.
awarded to Pro Park LLC, as the highest responsible bidder, The applicant seeks to erect an illuminated
with an annual rental as follows: 8’x6’x10’ground "ID"' sign at 3101 Main Street. Under SEQR
Proposal No. 1 - $241,241 ($1600 nightly credit no NHL the proposed sign is considered an unlisted action wh3.ch
game) may be studied through uncoordinated review.
Proposal No. 2 - $161,161 (no NHL season) The Planning Board voted receive and file the sign
Mr. Coppola moved: request since the Common Council has already taken final
That the above communication from the Chairman action on this item.
of the Board of Parking dated July 14, 2004, be received and RECEIVED AND FILED.
filed; and
That the Chairman of the Board of Parking be, and NO. 7
he hereby is authorized to award a contract for the Webster QUIMBY SIGNS
Block - 75 Main Street to Pro Park LLC, the highest 147 ORLANDO ST.
responsible bidder, with an annual rental as follows: BILLBOARD SIGN
Proposal No. I - $241,241 ($1,600 nightly credit if ITEM NO. 55, C.C.P. 6/22/2004
no NHL game) The City Planning Board at Its regular
Proposal No. 2 - $161,161 (no NHL season). meeting held Tuesday, July 13, 2004, considered the matter
Passed. captioned above pursuant to Section 387-19 of the Buffalo
AYES-9. NOES-0. Code, Application for Ground sign, pole sign or billboard.
The applicant seeks to erect an illuminated
FROM THE CITY PLANNING BOARD 13’6”x36’ billboard sign that will extend above the I-190
surface at 147 Orlando Street.
NO. 4 The Planning Board voted to deny the proposed
SEVEN SEAS TATTOO PARLOR billboard sign.
196 ALLEN ST. RECEIVED AND FILED.
TATTOO PARLOR
ITEM NO. 62, C.C.P. 7/6/2004
The City Planning Board at its regular meeting FROM THE OFFICE OF STRATEGIC PLANNING
held Tuesday, July 13, 2004, considered the matter
captioned above pursuant to Section 511-57 of the Buffalo NO. 8
Code, Allen Street District. ELMWOOD SQUARE APTS. PILOT
The applicant seeks use a vacant store as a tattoo Your Honorable Body is hereby requested to
parlor at 196 Allen Street. Under SEQR the proposed tattoo approve the attached amended PILOT agreement between
parlor is considered an unlisted action which may be studied the City of Buffalo and the Elmwood Square Preservation,
through uncoordinated review. L.P. Your Honorable Body had previously approved a PILOT
The Planning Board voted to recommend approval for this property in March of 2004. Due to a change in the
of the proposed use conditioned on closing of operations at corporate structure of the future owner of the property, a new
9:00 P.M. daily. PILOT Agreement must be approved. In addition, the
Greater Buffalo Savings Bank 690 Kenmore Ave. commercial portion of the building, currently assessed at
$395,000 will be separately taxed at full value and will not be several sites in the Filmore area for acquisition for a new
included in the PILOT Agreement. Fire Station.
This Project involves a $7,883,331 rehabilitation of The sites at 82 Buell and 1720 Fillmore have been
the Elmwood Square Apartment Building. Approximately reviewed and recommended by the Fire Department, the
$17,520 will be invested per unit in this 30 year old building. Facilities Task Force and MMA Consultants. The property at
ECIDA has approved the issuance of over $5,600,000 of tax 82 Buell is owned by Demi Truis Degree and Howard
exempt bonds and the project will benefit from approximately Degree and the site located at 1720 Fillmore is owned by
$263,000 of annual low income housing tax credits. Thomas White.
100% of the units will be made available as I am requesting that Your Honorable Body
affordable housing, limiting tenancy to those who earn no authorize the Office of Strategic Planning, Division of Real
more than 60% of the median area income. Estate, to negotiate the acquisition of this property and
The amount of the PILOT payments was calculated report the results of those negotiations back to the Common
based upon a shelter rent calculation and represents an Council for final approval.
increase in total payments to be received by the City of Mr. Coppola moved:
Buffalo. Payments will increase by three percent per year That the above communication from the Office of
for the duration of the 15 year Pilot. Strategic Planning, Division of Real Estate, dated July 19,
Mr. Coppola moved: 2004, be received and filed; and
That the above communication from the Office of That the Office of Strategic Planning, Division of
Strategic Planning, dated July 13, 2004, be received and Real Estate, be and they hereby are authorized to negotiate
filed; and the acquisition of 82 Buell and 1720 Fillmore for New Fire
That the Common Council, be and they hereby are Facility and report the results of those negotiations back to
authorized to approve the amended PILOT agreement the Common Council.
between the City of Buffalo and the Elmwood Square PASSED.
Preservation, L.P. AYES-9. NOES-0.
Passed
AYES-9. NOES-0. NO. 11
NO. 9 ACQUISITION OF 860 HERTEL FOR NEW FIRE FACILITY
BCP LOT SIZE: 120 X 290
BUFFALO COMPREHENSIVE PLAN ASSESSED VALUE: $61,800
"QUEEN CITY IN THE 21ST CENTURY" NORTH DISTRICT
TEXT: Prior to the implementation of the above At the request of the Buffalo Fire Department and
referenced project, the requirements of the New York State the Buffalo Fire - EMS Facilities Task Force, the Office of
Environmental Quality Review Act (SEQRA) must be Strategic Planning, Division of Real Estate, has investigated
satisfied. several sites in the Hertel/Elmwood area for acquisition for a
The project as defined by SEQRA is a Type 1 action for new Fire Station.
which a coordinated review will be completed. As per This site at 860 Hertel is 360' East of Elmwood and
Section 617.6 of the regulations, an agency responsible for is the former site of a McDonald's Restaurant. The site has
determining the effect of this project on the environment been reviewed and recommended by the Fire Department,
must be designated from among the involved agencies. The the Facilities Task Force and MMA Consultants. This 1.3
Buffalo Common Council proposes to assume Lead Agency acre site is owned by the Benderson Development
status for this project Corporation and they have expressed an interest in selling
I hereby request of Your Honorable Body to accept the the parcel.
above Lead Agency Status per the Charter & Code of the I am requesting that Your Honorable Body
City of Buffalo. Upon acceptance as lead agency, the City of authorize the Office of Strategic Planning, Division of Real
Buffalo's Common Council is to initiate the designation of the Estate, to negotiate the acquisition of this property and
"lead agency" process by sending a letter proposing to act report the results of those negotiations back to the Common
as lead agency to the Department of State (DOS is the only Council for final approval.
involved agency). Letter attached for review and signature. Mr. Coppola moved:
Mr. Coppola Moved: That the above communication from the Office of
That the above communication from the Office of Strategic Strategic Planning, Division of Real Estate, dated July 19,
Planning, dated July 16, 2004, be received and filed; and 2004, be received and filed; and
That pursuant to 6 NYCRR Part 617, the City of That the Office of Strategic Planning, Division of
Buffalo Common Council hereby requests Lead Agency Real Estate, be and they hereby are authorized to negotiate
Status for the Buffalo Comprehensive Plan, "Queen City in the acquisition of 860 Hertel Avenue for a new Fire Station
the 21st Century." and report the results of those negotiations back to the
Passed. Common Council.
AYES-9. NOES-0. PASSED.
AYES-9. NOES-0.
NO. 10
ACQUISITION OF 82 BUELL AND 1720 FILLMORE FOR NO. 12
NEW FIRE FACILITY EMPIRE ZONE BOUNDARY REVISIONS
82 BUELL - VACANT LOT LOT SIZE: 31 X 110 Please be advised the BERC is requesting a late
ASSESSED VALUE: 2,100 filing of the approval of the revision to the boundaries of the
1720 FILLMORE - DOUBLE LOT SIZE: 30 X 129 Empire Zone of Buffalo.
ASSESSED VALUE: 3,200 Submission of the Preliminary Application to Empire
MASTEN DISTRICT State Development (ESD) in Albany was completed soon
At the request of the Buffalo Fire Department and after the Community Development Committee of the Buffalo
the Buffalo Fire - EMS Facilities Task Force, the Office of Common Council reviewed the list of properties to be added
Strategic Planning, Division of Real Estate, has investigated and deleted from the boundaries.
Since that time, the BERC has been working with event he obtains title to the property under the Urban
ESD in providing additional information regarding this Homestead Program.
revision and has been waiting for approval from ESD for the The Department of Permit and Inspection Services
Preliminary Application. We did not anticipate that approval and the Division of Collections have been contacted. There
from the State before the Common Council left for recess, are no property code violations, taxes or other liens owed to
but discussion with ESD in Albany has been optimistic in the City of Buffalo by the homesteader.
receiving that approval before such time. We, therefore, recommend the City-owned vacant lot
RECEIVED AND FILED. be designated as a Homestead Property and be transferred
to Mr. Vincent Marguccio on the condition the property is
NO. 13 cleaned and improved within six (6) months and maintained
TRANSFER OF TITLE in a sanitary manner.
URBAN HOMESTEAD PROGRAM Mr. Coppola moved:
131 BOX AVENUE That the above communication from the Office of Strategic
CITY-OWNED VACANT LOT: 31'X118' Planning dated July 13, 2004, be received and filed; and
137 BOX AVENUE That the city-owned property commonly known as
CITY-OWNED VACANT LOT: 32' X 118' 471 Busti Avenue, is hereby designated as Homestead
MASTEN Property, and that the Mayor be, and he hereby is authorized
The Office of Strategic Planning, Division of Real to execute a deed transfer-ring said property to Mr. Vincent
Estate, has surveyed the above referenced City-owned Marguccio, residing at 475 Busti Avenue, for the amount of
vacant lots. These parcels are not needed for any public One Dollar ($ 1.00) and no more, and all costs of transfer, on
purpose. the condition the property is cleaned and improved within six
Mr. Thomas Samuel residing at 133 Box Avenue, (6) months and maintained in a sanitary manner.
Buffalo, New York 14211 has requested to homestead these Passed.
City lots, which are adjoining to his property, one on each AYES-9. NOES-0.
side of his property.
The Department of Permit and Inspection Services NO. 15
and the Division of Collections have been contacted. There TRANSFER OF TITLE
are no property code violations, taxes or other liens owed to URBAN HOMESTEAD PROGRAM
the City of Buffalo by the homesteader. 83 LOEPERE STREET
We, therefore, recommend the City-owned vacant (CITY-OWNED VACANT LOT, 30'X 108')
lots at 131 and 137 Box Avenue be designated as (FILLMORE)
Homestead Properties and be transferred to Mr. Thomas The Office of Strategic Planning, Division of Real
Samuel on the condition the properties are cleaned and Estate, has surveyed the City owned vacant lot at 83
improved within six (6) months and maintained in a sanitary Loepere Street, Buffalo, New York, parcel is 30'x 108' in
manner. dimension; and it has been determined this parcel is
Mr. Coppola moved: inappropriate for either the construction of new housing or
That the above communication from the Office of needed for public purpose.
Strategic Planning dated July 13, 2004, be received and Ms. Diancy Lima resides at 242 Sweet Avenue,
filed; and Buffalo, New York 14212 has indicated she will clean,
That the city-owned properties commonly known improve and maintain the lot at 83 Loepere Street in the
as 131 and 137 Box Avenue, are hereby designated as event she obtains title to the property under the Urban
Homestead Property, and that the Mayor be, and he hereby Homestead Program.
is authorized to execute deeds transferring said properties to The Department of Permit and Inspection Services
Mr. Thomas Samuel, residing at 133 Box Avenue, for the and the Division of Collections have been contacted. There
amount of One Dollar ($ 1.00) and no more, and all costs of are no property code violations, taxes or other liens owed to
transfer, on the condition the properties are cleaned and the City of Buffalo by the homesteader.
improved within six (6) months and maintained in a sanitary We, therefore, recommend the City-owned vacant lot
manner. be designated as a Homestead Property and be transferred
Passed. to Ms. Diancy Lima on the condition the property is cleaned
AYES-BONIFACIO, COPPOLA, DAVIS, FONTANA, and improved within six (6) months and maintained in a
FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON-8. sanitary manner.
NOES-GRIFFIN-1. Mr. Coppola moved:
That the above communication from the Office of
Strategic Planning dated July 13, 2004, be received and
NO. 14 filed; and
TRANSFER OF TITLE That the city-owned property commonly known as
URBAN HOMESTEAD PROGRAM 83 Loepere Street, is hereby designated as Homestead
471 BUSTI AVENUE Property, and that the Mayor be, and he hereby is authorized
(CITY-OWNED VACANT LOT, 25'X 132') to execute a deed transferring said property to Ms. Diancy
(ELLICOTT) Lima, residing at 242 Sweet Avenue, for the amount of One
The Office of Strategic Planning, Division of Real Dollar ($1.00) and no more, and all costs of transfer, on the
Estate, has surveyed the City owned vacant lot at 471 Busti condition the property is cleaned and improved within six (6)
Avenue, Buffalo, New York, parcel is 25'x 132' in dimension; months and maintained in a sanitary manner.
and it has been determined this parcel is inappropriate for Passed.
either the construction of new housing or needed for public AYES-9. NOES-0.
purpose.
Mr. Vincent Marguccio resides at 475 Busti Avenue, NO. 16
Buffalo, New York 14201 has indicated he will clean, TRANSFER OF TITLE
improve and maintain the lot at 471 Busti Avenue in the URBAN HOMESTEAD PROGRAM
220 LOEPERE STREET
(CITY-OWNED VACANT LOT, 30'X 108') is authorized to execute a deed transferring said property to
(FILLMORE) Mr. Andrew Grier and Mrs. Brenda Grier, residing at 399
The Office of Strategic Planning, Division of Real Northampton Street, for the amount of One Dollar ($1.00)
Estate, has surveyed the City owned vacant lot at 220 and no more, and all costs of transfer, on the condition the
Loepere Street, Buffalo, New York, parcel is 30'x 108' in property is cleaned and improved within six (6) months and
dimension; and it has been determined this parcel is maintained in a sanitary manner.
inappropriate for either the construction of new housing or Passed.
needed for public purpose. AYES-9. NOES-0.
Ms. Aquanda C. Jones resides at 216 Loepere
Street, Buffalo, New York 14211 has indicated she will clean, NO. 18
improve and maintain the lot at 220 Loepere Street in the TRANSFER OF TITLE
event she obtains title to the property under the Urban URBAN HOMESTEAD PROGRAM
Homestead Program. 153 RAPIN PLACE
The Department of Permit and Inspection Services (CITY-OWNED VACANT LOT, 30'X 113'@
and the Division of Collections have been contacted. There (FILLMORE)
are no property code violations, taxes or other liens owed to The Office of Strategic Planning, Division of Real
the City of Buffalo by the homesteader. Estate, has surveyed the City owned vacant lot at 153 Rapin
We, therefore, recommend the City-owned vacant lot Place, Buffalo, New York, parcel is 30'x 113', and it has been
be designated as a Homestead Property and be transferred determined this parcel is inappropriate for either the
to Ms. Aquanda Jones on the condition the property is construction of new housing or needed for public purpose.
cleaned and improved within six (6) months and maintained Ms. Brenda J. Smith at 151 Rapin Place, Buffalo,
in a sanitary manner. New York 14211 has indicated she will clean, improve and
Mr. Coppola Moved: maintain the lot at 153 Rapin Place in the event she obtains
That the above communication from the Office of title to the property under the Urban Homestead Program.
Strategic Planning dated July 13, 2004, be received and The Department of Permit and Inspection Services
filed; and and the Division of Collections have been contacted. There
That the city-owned property commonly known as are no property code violations, taxes or other liens owed to
220 Loepere Street, is hereby designated as Homestead the City of Buffalo by the homesteader.
Property, and that the Mayor be, and he hereby is authorized We, therefore, recommend the City-owned vacant
to execute a deed transferring said property to Ms. Aquanda lot be designated as a Homestead Property and be
C. Jones, residing at 216 Loepere Street, for the amount of transferred to Ms. Brenda Smith on the condition the
One Dollar ($ 1.00) and no more, and all costs of transfer, on property is cleaned and improved within six (6) months and
the condition the property is cleaned and improved within six maintained in a sanitary manner.
(6) months and maintained in a sanitary manner. Mr. Coppola moved:
Passed. That the above communication from the Office of Strategic
AYES-9. NOES-0. Planning dated July 13, 2004, be received and filed; and
That the city-owned property commonly known as 153 Rapin
NO. 17 Place, is hereby designated as Homestead Property, and
TRANSFER OF TITLE that the Mayor be, and he hereby is authorized to execute a
URBAN HOMESTEAD PROGRAM 401 NORTHAMPTON deed transferring said property to Ms. Brenda J. Smith,
STREET residing at 151 Rapin Place, for the amount of One Dollar
(CITY-OWNED VACANT LOT, 30'X 105') ($1.00) and no more, and all costs of transfer, on the
(ELLICOTT) condition the property is cleaned and improved within six (6)
The Office of Strategic Planning has surveyed the city-months and maintained in a sanitary manner.
owned vacant lot at 401 Northampton Street, Buffalo, New Passed.
York, parcel is 30'x 105' in dimension; and it has been AYES-9. NOES-0.
determined this parcel is inappropriate for either the
construction of new housing or needed for any public NO. 19
purpose. TRANSFER OF TITLE
Mr. Andrew Grier and Mrs. Brenda Grier residing URBAN HOMESTEAD PROGRAM
at 399 Northampton Street, Buffalo, New York 14208 1021 SMITH STREET
indicated they will clean, improve and maintain the lot in the (CITY-OWNED VACANT LOT, 30'X 108')
event they obtain title to the property under the Urban The Office of Strategic Planning, Division of Real
Homestead Program. Estate, has surveyed the City owned vacant lot at 1021
The Division of Permit and Inspection Services Smith Street, Buffalo, New York, parcel is 30'x 108' in
and the Division of Collections have been contacted. There dimension; and it has been determined this parcel is
are no property code violations, taxes or other liens owed to inappropriate for either the construction of new housing or
the City of Buffalo by the homesteaders. needed for public purpose.
We, therefore, recommend the city-owned vacant Ms. Olivia Redden c/o Charles Redden at 101 7
lot be designated as a Homestead Property and be Smith Street, Buffalo, New York 14212 has indicated they
transferred to Mr. Andrew Grier and Mrs. Brenda Grier on will clean, improve and maintain the lot at 1021 Smith Street
the condition the property is cleaned and improved within (6) in the event they obtain title to the property under the Urban
months and maintained in a sanitary manner. Homestead Program.
Mr. Coppola moved: The Department of Permit and Inspection Services
That the above communication from the Office of and the Division of Collections have been contacted. There
Strategic Planning dated July 13, 2004, be received and are no property code violations, taxes or other liens owed to
filed; and the City of Buffalo by the homesteader.
That the city-owned property commonly known as We, therefore, recommend the City-owned vacant lot
401 Northampton Street, is hereby designated as be designated as a Homestead Property and be transferred
Homestead Property, and that the Mayor be, and he hereby to Ms. Olivia Redden c/o Charles Redden on the condition
the property is cleaned and improved within six (6) months the construction of new housing or needed for public
and maintained in a sanitary manner. purpose.
Mr. Coppola moved: Mr. Samuel Jones at 92 Wakefield Street, Buffalo,
That the above communication from the Office of New York 14214 has indicated he will clean, improve and
Strategic Planning dated July 13, 2004, be received and maintain the lot at 94 Wakefield Street in the event he
filed; and obtains title to the property under the Urban Homestead
That the city-owned property commonly known as Program.
1021 Smith Street, is hereby designated as Homestead The Department of Permit and Inspection Services
Property, and that the Mayor be, and he hereby is authorized and the Division of Collections have been contacted. There
to execute a deed transferring said property to Ms. Olivia are no property code violations, taxes or other liens owed to
Redden c/o Charles Redden at 1017 Smith Street, for the the City of Buffalo by the homesteader.
amount of One Dollar ($1.00) and no more, and all costs of We, therefore, recommend the City-owned vacant lot
transfer, on the condition the property is cleaned and be designated as a Homestead Property and be transferred
improved within six (6) months and maintained in a sanitary to Mr. Samuel Jones on the condition the property is cleaned
manner. and improved within six (6) months and maintained in a
Passed. sanitary manner.
AYES-9. NOES-0. Mr. Coppola moved:
That the above communication from the Office of
NO. 20 Strategic Planning dated July 13, 2004, be received and
TRANSFER OF TITLE filed; and
URBAN HOMESTEAD PROGRAM That the city-owned property commonly known as
70 VERPLANCK STREET 94 Wakefield Street, is hereby designated as Homestead
(CITY-OWNED VACANT LOT, 30' X 1 00') Property, and that the Mayor be, and he hereby is authorized
(MASTEN) to execute a deed transferring said property to Mr. Samuel
The Office of Strategic Planning, Division of Real Jones, residing at 92 Wakefield Street, for the amount of
Estate, has surveyed the City owned vacant lot at 70 One Dollar ($1.00) and no more, and all costs of transfer, on
Verplanck Street, Buffalo, New York, parcel is 30' x 1 00', the condition the property is cleaned and improved within six
and it has been determined this parcel is inappropriate for (6) months and maintained in a sanitary manner.
either the construction of new housing or needed for public PASSED
purpose. AYES-9. NOES-0.
Allen Isaiah and Lula Isaiah at 72 Verplanck
Street, Buffalo, New York 14208 has indicated they will NO. 22
clean, improve and maintain the lot at 70 Verplanck Street in TRANSFER OF TITLE
the event they obtain title to the property under the Urban URBAN HOMESTEAD PROGRAM
Homestead Program. 48 WOODLAWN AVENUE
The Department of Permit and Inspection Services (CITY-OWNED VACANT LOT, 30'X 135')
and the Division of Collections have been contacted. There (MASTEN)
are no property code violations, taxes or other liens owed to The Office of Strategic Planning, Division of Real
the City of Buffalo by the homesteaders. Estate, has received a request to homestead 48 Woodlawn
We, therefore, recommend the City-owned vacant Avenue, a City-owned vacant lot 30'x 135'frorn Louis H.
lot be designated as a Homestead Property and be Collins and Rebecca A. Collins of 50 Woodlawn Avenue and
transferred to Allen Isaiah and Lula Isaiah on the condition John Graham Jr. and Barbara P. Graham of 46 Woodlawn
the property is cleaned and improved within six (6) months Avenue, Buffalo, New York 14209. They would like to
and maintained in a sanitary manner. homestead the respective portion that adjoins their property.
Mr. Coppola moved: Louis and Rebecca Collins would like to homestead the
That the above communication from the Office of Strategic easterly portion 15'x 135' of 48 Woodlawn Avenue. John
Planning dated July 13, 2004, be received and filed; and and Barbara Graham would like to homestead the westerly
That the city-owned property commonly known as portion 15'x 135'of 48 Woodlawn Avenue. They intend to
70 Verplanck Street, is hereby designated as Homestead use the property for extra yard space.
Property, and that the Mayor be, and he hereby is authorized It has been determined this parcel is inappropriate
to execute a deed transferring said property to Allen Isaiah for either the construction of new housing or needed for
and Lula Isaiah, residing at 72 Verplanck Street, for the public purpose. The parties mentioned have indicated they
amount of One Dollar ($ 1.00) and no more, and all costs of will clean, improve and maintain the lot in the event they
transfer, on the condition the property is cleaned and obtain title to the property under the Urban Homestead
improved within six (6) months and maintained in a sanitary Program.
manner. The Department of Permit and Inspection Services
Passed. and the Division of Collections have been contacted. There
AYES-9. NOES-0. are no property code violations, taxes or other liens owed to
the City of Buffalo by the homesteaders.
NO. 21 We, therefore, recommend the City-owned vacant
TRANSFER OF TITLE lot be designated as a Homestead Property and the
URBAN HOMESTEAD PROGRAM respective portions of 48 Woodlawn Avenue be transferred
94 WAKEFIELD STREET to Louis H. Collins and Rebecca A. Collins and John
(CITY-OWNED VACANT LOT, 32'X 115') Graham Jr. and Barbara Graham on the condition the
(MASTEN) property is cleaned and improved within six (6) months and
The Office of Strategic Planning, Division of Real maintained in a sanitary manner.
Estate, has surveyed the City owned vacant lot at 94 Mr. Coppola moved:
Wakefield Street, Buffalo, New York, parcel is 32' x 115', and That the above communication from the Office of
it has been determined this parcel is inappropriate for either Strategic Planning dated July 13, 2004, be received and
filed; and
That the city-owned property commonly known as The Office of Strategic Planning, Division of Real Estate has
48 Woodlawn Avenue, is hereby designated as Homestead received a request from Mr. Ernest Copeland, 79 Brunswick
Property, and that the Mayor be, and he hereby is authorized Boulevard, Buffalo, New York 14208 to acquire the property
to execute a deed transferring said property and respective located at 961 Glenwood Avenue (former Water Service
portions to Louis H. Collins and Rebecca A. Collins and John Garage) owned by the Water Board and the above
Graham Jr. and Barbara Graham, for the amount of One captioned vacant lots owned by the City of Buffalo. Mr.
Dollar ($ 1.00) and no more, and all costs of transfer, on the Copeland intends to acquire and repair the property in order
condition the property is cleaned and improved within six (6) to be used as a landscaping and nursery business.
months and maintained in a sanitary manner. The garage consists of a 2,120 square foot concrete block
Passed. building in poor to fair condition, situated on a lot 78'x 120'.
AYES-9. NOES-0. The property is zoned M-1, light industrial.
The Division of Permit and Inspection Services and the
NO. 23 Division of Collections have no objections to the sale. There
UTILITY EASEMENT AGREEMENT are no building code violations, taxes or other liens owed to
NIAGARA MOHAWK POWER CORPORATION he City by the purchaser.
FOR USE OF SCHOOL NO. 67 - 877 ABBOTT ROAD At the request of the Commissioner of Public Works, the
SOUTH DISTRICT Division of Real Estate has negotiated the sale of the garage
The Office of Strategic Planning, Division of Real for the Water Board.
Estate, has received the attached easement agreement from Mr. Copeland has offered fifteen thousand dollars for the
Niagara Mohawk Power Corporation for use of city owned garage and vacant lots approximately seven dollars ($7.00)
property located at 877 Abbott Road - School No. 67. They per square foot of building area. The Division of Real Estate
are requesting a utility easement for property as described in has investigated the sale of similar properties in the area.
the attached proposed easement "Exhibit A”. Sales prices range from six dollars ($6.00) to thirty dollars,
Niagara Mohawk has indicated that this easement ($30.00) per square foot of building area.
is necessary for a school upgrade project. The sale price of the property will be split between the City of
This office has contacted the Department of Public Buffalo and the Water Board as follows:
Works, Parks & Streets and they have indicated that they 1. $13,000 to the Water Board for the garage
have no objections and/or conditions in reference to the 2. $ 2,000 to the City of Buffalo for the adjacent city
attached proposed easement providing a revised agreement lots.
is prepared striking the language "including streets and The results of our negotiations are that we have agreed to a
highways which adjoins or are upon same" . The streets and sales price of fifteen thousand dollars ($15,000), seven
highways are covered under a franchise agreement and dollars ($7.00) per square foot, for the subject properties.
shall not become part of this permanent easement. Mr. Copeland has also agreed to pay for the cost of the
I am, therefore, recommending that Your transfer tax, recording fees and cost of the legal
Honorable Body approve this easement agreement on descriptions.
condition that Niagara Mohawk deletes the language The Commissioner of Public Works will forward the sales
"including streets and highways which adjoins or are upon contractor the garage to the Common Council for approval.
same". That the Law Department shall review revised said I am recommending that Your Honorable Body approve the
agreement for their approval as to form and authorize the sale of the three lots (262 and 264 Box and 959 Glenwood)
Mayor to execute the same. to Mr. Ernest Copeland in the amount of two thousand
Mr. Coppola moved: dollars ($2,000). 1 am further recommending that the
That the above communication from the Office of Corporation Counsel prepare the necessary documents for
Strategic Planning dated July 14, 2004, be received and the transfer of title and that the Mayor be authorized to
filed; and execute the same.
That the Executive Director of Strategic Planning Mr. Coppola moved:
be, and he hereby is authorized to enter into an easement That the above communication from the Office of Strategic
agreement between the City and Niagara Mohawk Power Planning, Division of Real Estate, dated July 14, 2004, be
Corporation, for use of city-owned property located at 877 received and. filed; and
Abbott Road - School No. 67. That the Common Council That the offer from Mr. Ernest Copeland, residing at 79
approve this easement agreement on the condition that Brunswick Boulevard, in the sum of two thousand dollars
Niagara Mohawk deletes the language "Including streets and ($2,000.00) for the purchase of 262, 264 Box and 959
highways which adjoins or are upon same." That the Glenwood, be and they hereby are accepted; and
Corporation Counsel be, and he hereby is authorized to That the appraisal requested by the City of Buffalo shall be
review revised said agreement and that the Mayor be paid by the purchaser; and
authorized to execute the same. That the transfer tax, recording fees and cost of legal
Passed. description shall be paid by the purchaser, and
AYES-9. NOES-0. That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
NO. 24 Mayor be authorized to execute the same, in accordance
RESULT OF NEGOTIATIONS with the terms of sale upon which the offer was submitted.
262 BOX, 30'W JUNCTION RAILROAD Passed
LOT SIZE: 60'X 120' AYES-9. NOES-0.
ASSESSED VALUATION: $4,200
264 BOX, WEST CORNER JUNCTION RAILROAD NO. 25
LOT SIZE: 30'X 120' RESULTS OF NEGOTIATIONS
ASSESSED VALUATION: $1,800 136 COTTAGE, 186.77 SE HUDSON
959 GLENWOOD, 729.49'E KEHR LOT SIZE: 35'X IRREGULAR DEPTH TO MALTA PLACE
LOT SIZE: 27'X 120' ASSESSED VALUATION:
ASSESSED VALUATION: $1,900 LAND: $ 6,500
(FILLMORE) TOTAL: 57,400
(ELLICOTT) Public Works, Streets, and Parks; Division of Engineering,
The Office of Strategic Planning, Division of Real Estate, has Marina Lease • Department of Public Works, Streets, and
received a request to purchase 136 Cottage Street from Mr. Parks - Water Board Review • Buffalo Civic Auto Ramps
Joseph Delaney, 425 Jersey Street, Buffalo, New York (BCAR) • Department of Administration & Finance -
14213. Mr. Delaney intends to bring the two family dwelling Division of Parking Enforcement • Vendor Payables
into code compliance and use as a rental property and place Review: Skateboarding Assn., Apollo, Plowing etc.
of residence. As well, the Division of Audit will continue to conduct
The purchaser has provided the Division of Real Estate with performance-type reviews of functions
a plan to rehabilitate the house and proof of financial ability with the intent of maximizing the efficiency of the process
to complete the purchase and repairs. This two story, 2,840 and activities within the following areas:
square foot, two family brick dwelling was acquired by the The following list of auditable areas is submitted as the
City of Buffalo through a tax foreclosure in 1999, situate on a Annual Audit Plan for 2004-2005.
lot 35' x irregular depth to Malta Place and is in poor to fair • Buffalo Common Council Staff (per specific Charter
condition. requirement) • Department of Permits & Licenses •
The Department of Permits and Inspection Services and the Department of Administration - Division of Collections •
Division of Collections have no objections to the sale. There Space Rented by City departments & organizations •
are no code violations, taxes or other liens owed to the City Citywide Cash Controls • Contract Personnel
of Buffalo by the purchaser. • Buffalo Economic Renaissance Corporation (BERC)- Loan
The Division of Real Estate has investigated the Receivables • Department of Public Works, Streets, and
sale of similar houses in the subject area. Sales prices Parks; Division of Engineering, Marina Lease • Board of
range from five dollars and sixty cents ($5.60) to twenty eight Education - Administration and Financial • Buffalo Sewer
dollars ($28.00) per square foot of living area. Authority contracts and change orders • Department of
The results of our negotiations are that Mr. Joseph Administration & Finance - Transportation • Board of
Delaney has agreed and is prepared to pay fifteen thousand Education - consultants • PBA contract – 1st year update
nine hundred dollars ($15,900), five dollars and sixty cents REFERRED TO THE COMMITTEE ON FINANCE
($5.60) per square foot for this house. He has also agreed
to pay for the cost of transfer tax, recording fees and cost of NO. 27
the legal description. CAPITAL DEBT SERVICE FUND DEPOSITS - 2004/2005
I am recommending that Your Honorable Body FISCAL YEAR
approve the sale of 136 Cottage Street to Mr. Joseph Certificate Number 1-04/05 of the Comptroller of the City of
Delaney in the amount of fifteen thousand nine hundred Buffalo, New York, relative to the Capital Debt Service of
dollars ($15,900). I am further recommending that the Fund of said city, stating the amounts to be deposited
Corporation Counsel prepare the necessary documents for therein and paid therefrom for the period
the transfer of title and that the Mayor be authorized to Commencing July 1, 2004 and endings, June 30, 2005
execute the same. I, Andrew A. Sanfilippo, Comptroller of the City of Buffalo,
Mr. Coppola moved: New York, in accordance with the provisions of Section 202
That the above communication from the Office of of the resolution entitled:
Strategic Planning, Division of Real Estate, dated July 14, "Enabling Resolution of the City of Buffalo, New York,
2004, be received and filed; and Establishing a Capital Debt Service Fund, Determining the
That the offer from Mr. Joseph Delaney, residing Terms and Conditions of Such Fund and Other Matters in
at 425 Jersey Street, in the sum of fifteen thousand and nine Connection Therewith, and Providing for the Rights of
hundred dollars ($15,900.00) for the purchase of 136 Holders of Capital Debt Obligations of the City."
Cottage Street, be and hereby is accepted; and duly adopted by the Common Council on March 8, 1977, and
That the appraisal requested by the City of Buffalo pursuant to the duties of the chief fiscal officer set forth
shall be paid by the purchaser; and therein, Do Hereby Certify as follows:
That the transfer tax, recording fees and cost of 1. The Capital Debt Service Fund Requirements for
legal description shall be paid by the purchaser; and the fiscal year commencing July 1, 2004 and ending June
That the Corporation Counsel be authorized to 30, 2005 is $59,051,093.
prepare the necessary documents for the transfer of title and 2. The portion of said Capital Debt Service
that the Mayor be authorized to execute the same, in Requirement allocated to the First Collection Period (July 1,
accordance with the terms of sale upon which the offer was 2004 through and including November 30, 2004), is
submitted. $32,656,898.
Passed 3. The portion of said Capital Debt Service
AYES-9. NOES-0. Requirement allocated to the Second Collection Period
(December 1, 2004 through and including June 30, 2005), is
$26,394,195.
FROM THE COMPTROLLER 4. The First Collection Period portion of the Capital
NO. 26 Debt Service Requirement is due and payable during the
ANNUAL AUDIT PLAN period commencing July 1, 2004 and ending December 31,
TEXT: In accordance with Sec. 7-5 of the City Charter, I 2004 on the obligations, in the amounts, on the dates, and at
hereby submit to this Honorable Body t Annual Audit Plan. the place or places as set forth below:
The Division of Audit, as the auditing body of the Obligation Amount Due Date Due Place Due
Department of Audit and Control, conducted various audits Serial Bonds $ 2,536,454 Aug. 2,2004 M & T Trust
of the departments of city government. Those submitted Company
to the Council during 2003-2004 included or will within the Buffalo, New York
next several months: Serial Bonds $122,789 Aug. 2,2004 JP Morgan-
• Follow-up of Contract Personnel on BNRC & BURA • ChaseDallas, Texas
Annual Report on Board of Education: Office of State Serial Bonds $517,146 Aug. 2,2004 HSBC
Comptroller & State Education Dept. • Demolition: Bond New York, New York
Indenture & Block Grant Requirements • Department of Obligation Amount Due Date Due Place Due
Serial Bonds $765,278 Aug. 2, 2004 Buffalo, New York
Deutsche Bank Serial Bonds $196,910 Jun. 1, 2005 Chase
New York, New York Manhattan Bank, NA
Serial Bonds $63,314 Aug. 16, 2004 JP Dallas, Texas
Morgan-Chase Serial Bonds $486,115 Jun. 1, 2005 HSBC
Dallas, Texas New York, New York
Serial Bonds $2,305,625 Aug. 16, 2004 HSBC Serial Bonds $1,078,340 Jun. 1, 2005 M & T
New York, New York Trust Company
Serial Bonds $2,597,461 Oct. 1, 2004 M&T Buffalo, New York
Buffalo, New York Serial Bonds $373,838 Jun. 1, 2005 Deutsch
Serial Bonds $33,880 Oct. 1, 2004 JP Bank
Morgan-Chase New York, New York
Dallas,Texas Serial Bonds $790,325 Jun. 15, 2005 M&T
Serial Bonds $13,770 Nov. 1,2004 JP Buffalo, New York
Morgan-Chase
Dallas, Texas
$26,394,195
Serial Bonds $6,521,548 Nov. 15,2004 M&T
7. The aggregate amount to be deposited by the
Buffalo, New York
Director of the Treasury with the M&T Trust Company,
Serial Bonds $9,007,305 Dec. 1,2004 M & T
Buffalo, New York, commencing on December 1, 2004 is
Trust Company
$26,394,195.
Buffalo, New York
8. Pursuant to Section 202 (b) of said Enabling
Serial Bonds $3,398,682 Dec. 1,2004 HSBC
Resolution, the Director of the Treasury shall deposit the
New York, New York
amounts shown in Section 5 and 7 hereof in the Capital Debt
Serial Bonds $1,199,451 Dec. 1,2004 JP
Service Fund held by the Trustee, M&T Trust Company,
Morgan- Chase
Buffalo, New York, immediately upon receipt of any payment
Dallas, Texas
of or on account of any City ad valorem property taxes, until
Serial Bonds $907,070 Dec. 1,2004
the amount deposited during each Collection Period is equal
Deutsche Bank
to the amount shown in Section 5 and 7, respectively.
New York, New York
9. I have this day delivered a copy of Certificate
Serial Bonds $2,667,125 Dec. 15,2004 M & T
Number 1-04/05 to the Director of Treasury and to the Fleet
Trust Company
Bank, Buffalo, New York.
Buffalo, New York
IN WITNESS WHEREOF, I have hereunto set my hand this
$32,656,898
14th Day of July, 2004.
5. The aggregate amount to be deposited by the
RECEIVED AND FILED
Director of the Treasury with the M & Trust Company,
Buffalo, New York, commencing on July 1, 2004 is
NO. 28
$32,656,898.
CERTIFICATE OF NECESSITY
6. The Second Collection Period portion of the
INCREASED APPROPRIATION
Capital Debt Service Requirement is due and payable during
DEPARTMENT OF POLICE
the period commencing January 1, 2005, and ending June
We, Anthony M. Masiello, Mayor and Andrew A.
30, 2005, o the obligations, in the amounts, on the dates,
SanFilippo, Deputy Comptroller, do hereby certify
and at the place or places as set forth below:
pursuant to §20-1 1 of the Charter, that an increase in the
Obligation Amount Due Date Due Place Due
sum of $128,775.33 in the estimate for the fiscal year
beginning July 1, 2004 is necessary in Appropriation
Serial Bonds $12,817 Feb. 1, 2005 M & T Trust
Allotments for the Department of Police - Administration &
Company
Communications and Fringe Benefits, to meet a contingency
Buffalo, New York
which could not have been reasonably foreseen when the
Serial Bonds $872,789 Feb. 1,2005 Chase
budget was adopted. The amount of increased
Manhattan Bank, NA
appropriations will be met from an increase of $128,775.33
Dallas, Texas
in the General City Revenue account Org & Obj # 10200030
Serial Bonds $2,507,146 Feb. 1,2005 HSBC
- 380101 - Grant Reimbursement not otherwise appropriated
New York, New York
for any other purpose. The details of the requirements are
Serial Bonds $2,050,278 Feb. 1,2005
set forth below:
Deutsche Bank
To:
New York, New York
t2021001 - 411001 Salary $90,639.00
Serial Bonds $773,314 Feb. 15,2005 Chase
12021001 - 414007 Perfect Attendance $ 1,296.90
Manhattan Bank, NA
12021001 - 414001 Longevity $ 1,200.00
Dallas, Texas
12021001 - 415002 Uniform Allowance $ 1,320.00
Serial Bonds $90,313 Feb. 15,2005 HSBC
17301002 - 421002 Active Health Insurance $ 20,100.00
New York, New York
17301002 - 421003 Life Insurance $324.00
Serial Bonds $148,880 Apr. 1, 2005 JP
17301002 - 421004 Dental Insurance $ 2,520.00
Morgan Chase
17301002 - 422000 FICA $7,124.91
Dallas, Texas
17301002 - 423001 ERS Pension $4,250.52
Serial Bonds $2,246,971 Apr. 1, 2005 M&T
RECEIVED AND FILED
Buffalo, New York
Serial Bonds $103,770 May 1, 2005 JP
NO. 29
Morgan Chase
ERIE BASIN MARINA
Dallas, Texas
MAY 1, 2003 - APRIL 30, 2004
Serial Bonds $1,857,837 May 15, 2005 M & T
AUDIT FINDINGS
Trust Company
The results of our field audit are as follows: also endorse a review of the City Code and offer to
A trial balance of general ledger accounts revealed all participate in such review with the purpose of establishing
accounts were in agreement. better controls for procurement, use and marking of city-
Based on our test sample, we are 95% confident that the owned vehicles.
reported sales revenues are a fair and accurate basis to REFERRED TO THE COMMITTEE ON FINANCE
provide the subsequent computation of Marina rentals due to
the City. FROM THE PRESIDENT OF THE COUNCIL
The City has realized $202,756.45 in Marina rental NO. 31
receivables for the 2003 season Based on the above, Brand-MEMBER BUFFALO PRESERVATION APPT R. PAWLAK
On Services, Inc. reported sales and operation receipts BUFFALO PRES BOARD
totaling $964,215, of which approximately 21% ($202,756) Pursuant to Chapter 337-3 of the City Charter Preservation
was due to the City. The current tenant operator revealed Code, I am appointing Russell E. Pawlak, 1290 Delaware
an increase in food, beverage, and sundry sales of Avenue, Apartment 51), Buffalo, N.Y. 14209 to the Buffalo
approximately 16% and 6% for the 2002 and 2003 seasons Preservation Board.
respectively continuation of such growth will eventually net Mr. Pawlak has a long and productive history in the Buffalo
the City rental revenues exceeding the $80,000 guaranteed Preservation community. He is President of the Board of
minimum. Directors of the Central Terminal Restoration Corporation,
We propose the following adjustments to the above reported Inc., which has recently opened the National Landmark
balance due as follows: building to thousands of appreciative Buffalonians.
Due to City per report $107,415.74 Mr. Pawlak served as a city-wide member of the Buffalo
Add: Audit Adjustments Landmark and Preservation Board from 1972 to 1982 and is
(a) Late Payment Fee $4,833.71 currently co-Chair of the City of Buffalo Citizen Community
(b) Dock B23 rent 590.70 Development Block Grant Advisory Committee. He was
(c) Unallowed plant credit 358.70 5,783.11 formerly employed with the City of Buffalo Department of
Adjusted Balance due to City $113,198.85 Community Development, coordinating planning, program
As of the completion Of Our audit work, May 18, 2004, the design, funding allocation formulas and citizen participation/
reported balance due was in a delinquent status of public meetings for five Buffalo neighborhoods.
approximately six (6) months. We have calculated this Mr. Pawlak is currently Supervisor, Associate Field Services,
amount due with simple interest for said period ($107,415.74 of the New York State Insurance Fund, Buffalo Office.
X 9% X 6 months). REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Our review of DPW records listing slip renters by dock CORPORATION COUNSEL AND THE DIVISION OF
numbers revealed that Dock B23 is listed to the lessee as a COLLECTIONS
transient slip with $0 fee paid. Further analysis also
revealed procurement of 1,795 gallons of regular fuel by the FROM THE COMMISSIONER OF ASSESSMENT AND
lessee through the Ships Store facility. Based on the TAXATION
assumption that the lessee utilizes the above dock for the NO. 32
season, we calculated the season fee due by the City's DELINQUENT ECIDA AND CITY
rental share ($1,074.00 X 55%). We researched the above PILOT AGREEMENTS
water accounts at the American Water office and have This will serve to follow up my May 20, 2004 communication
discovered that these accounts have been in an "inactive providing a list of delinquent ECIDA and City PILOT
status" since the final billings accounts (copy attached). We also provided the list to Karen
issued on October 19, 2001. Fiala, Portfolio Manager for the ECIDA, and requested that
A check for $107,000 was received in Treasury on June 24, she investigate the delinquent ECIDA PILOT accounts.
2004. Attached is our July 13, 2004 update detailing the results of
It is important to note that the above accounts must be Ms. Fiala's investigation and the status of payment of each
calculated by American Water using past and current meter ECIDA delinquent PILOT account.
readings at the Marina facilities. Based on this premise. we With respect to the property assessed as 998 Broadway,
cannot arrive at the amounts owed for water service by the assessed to SRK Broadway Associates, the property was
previous lessee, Tile Rhino Room, Inc., and the current transferred from the ECIDA to SRK effective September 16,
lessee, Brand-On Services. 2003. Therefore, the unpaid PILOT that was due December
RECOMMENDATIONS 31, 2003 was added to the City of Buffalo 2004-2005 City
The Audit Division recommends the following: Tax and Sewer Rent pursuant to Section 520 of the Real
• Pursue collection of all monies due to the City by Property Tax Law.
both the Rhino Room, Inc. aild Brand-On Services, Inc., We have referred the unpaid City PILOTs to the Collections
utilizing the Corporation Counsel's office to file start Division and the Department of Law for investigation. With
collection proceedings against lessees responsible for all respect to 211 Eagle, LIP and Towers 4 & 7, LP, the owners
applicable delinquent accounts. have been contacted. They are adamant that payment was
• Encourage the Public Works Department, and made and are researching their records to locate proof of
specifically the section assigned to exercise more payment. We have no record of payment. We will continue
diligence and oversight over the operations and to follow up with this owner.
revenues generated by the Marina. RECEIVED AND FILED
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS,
NO. 30 PARKS AND STREETS
MOTOR VEHICLE POLICY NO. 33
RES # 1 09 C.C.P JULY 6, 2004 NOTIFICATION SERIAL #9947
I support this resolution as written. My department has NO STANDING - REPEAL
conducted several reviews of the city's Motor Vehicle Fleet, ON HAMPSHIRE STREET, SOUTHEAST SIDE BETWEEN
and this resolution is in keeping with the intent of my GRANT STREET AND WEST FERRY STREET
recommendations to tighten controls of fleet operations. I NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the between a point 175' west of Oak Street 8:00 am to 5:00 pm
Ordinances of the City of Buffalo, the City Engineer hereby $.50 per hour and Ellicott Street Monday - Friday 2 hour
notifies Your Honorable Body of this action supplementing, maximum
amending, or repealing existing provisions of Chapter 479 of This action is being taken to provide additional metered
the Ordinances, as stated below, to be effective forty five parking spaces on East Huron Street at the request of the
days after the first Council meeting at which they appear on District Councilmember. (see next 2 serials.)
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of NOTIFICATION SERIAL # 9950 REPEAL NO PARKING
Ordinances of the City of Buffalo be supplemented by ON EAST HURON STREET, NORTH SIDE BETWEEN
repealing therefrom the following: NO STANDING OAK STREET AND A POINT 175' WEST THEREFROM
PROHIB PORTION OF HWY PROHIBITED PERIOD - (ELLICOTT DISTRICT)
DAILY NO PARKING -REPEAL
Hampshire Street, southeast side At All Times In conformity with Section 49 of Chapter 479 of the
between Grant Street Ordinances of the City of Buffalo, the City Engineer hereby
and West Ferry Street notifies Your Honorable Body of this action supplementing,
This action is being taken by Police Emergency Order due to amending, or repealing existing provisions of Chapter 479 of
restrictions imposed by area construction. This repeal is the Ordinances, as stated below, to be effective forty five
only to remain in effect for the duration of construction days after the first Council meeting at which they appear on
(approximately six months). Street will revert to current No the agenda as an item business.
Standing restrictions on southeast side upon completion of That that part of Subdivision 24 Section 15 of Chapter 479 of
construction. Ordinances of the City of Buffalo be supplemented by
(see next serial) repealing therefrom the following: NO PARKING
PROHIBIT PORTION OF HIGHWAY PROHIBITED PERIOD
NOTIFICATION SERIAL #9948 East Huron Street, north side At all times.
INSTALL NO STANDING ON HAMPSHIRE STREET, between Oak Street
NORTHWEST SIDE BETWEEN GRANT STREET AND and a point 175' west therefrom
WEST FERRY STREET This action is being taken to provide additional metered
NO STANDING - INSTALL parking spaces on East Huron Street at the request of the
In conformity with Section 49 of Chapter 479 of the District Councilmernber. (see previous and next serials.)
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing, NOTIFICATION SERIAL # 9951 INSTALL METERED
amending, or repealing existing provisions of Chapter 479 of PARKING ON EAST HURON STREET, NORTH SIDE
the Ordinances, as stated below, to be effective forty five BETWEEN OAK STREET AND ELLICOTT STREET
days after the first Council meeting at which they appear on (EXCLUDING EXISTING NO PARKING AND NO
the agenda as an item business. STANDING AREAS) (ELLICOTT DISTRICT)
That that pan of Subdivision 22 Section 15 of Chapter 479 of PERMISSIVE PARKING - INSTALL
Ordinances of the City of Buffalo be supplemented by adding In conformity with Section 49 of Chapter 479 of the
thereto the Ordinances of the City of Buffalo, the City Engineer hereby
following: NO STANDING notifies Your Honorable Body of this action supplementing,
PROHIB PORTION OF HWY PROHIBITED PERIOD amending, or repealing existing provisions of Chapter 479 of
Hampshire Street, northwest side At All Times the Ordinances, as stated below, to be effective forty five
between Grant Street days after the first Council meeting at which they appear on
and West Ferry Street the agenda as an item business.
This action is being taken by Police Emergency Order due to That that part of Subdivision 27 Section 15 of Chapter 479 of
restrictions imposed by area construction. This installation is Ordinances of the City of Buffalo be supplemented by adding
only to remain in effect for the duration of construction thereto the following: METERED PARKING
(approximately six months). Street will revert to current No Metered Pkg Locations Period of Metered Pkg Rate of
Standing restrictions on southeast side upon completion of Metered Parking
construction. East Huron Street, north side 2 Hour Parking Rate B
(see previous serial) between Oak Street 8:00 am to 5:00 pm $50 per hour
and Ellicott Street Monday - Friday 2 hour maximum
NOTIFICATION SERIAL # 9949 (excluding existing No Parking
REPEAL METERED PARKING ON EAST HURON and No Standing areas)
STREET, NORTH SIDE BETWEEN A POINT 175' WEST This action is being taken to provide additional metered
OF OAK STREET AND ELLICOTT STREET (ELLICOTT parking spaces on East Huron Street at the request of the
DISTRICT) District Councilmernber. (see previous 2 serials.)
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the NOTIFICATION SERIAL #9952 INSTALL STOP SIGNS
Ordinances of the City of Buffalo, the City Engineer hereby (ALL-WAY) IN HANCOCK AVENUE AT WHITEHALL
notifies Your Honorable Body of this action supplementing, AVENUE (SOUTH DISTRICT)
amending, or repealing existing provisions of Chapter 479 of STOP SIGNS (ALL-WAY) - INSTALL
the Ordinances, as stated below, to be effective forty five In conformity with Section 49 of Chapter 479 of the
days after the first Council meeting at which they appear on Ordinances of the City of Buffalo, the City Engineer hereby
the agenda as an item business. notifies Your Honorable Body of this action supplementing,
That that part of Subdivision 27 Section 15 of Chapter 479 of amending, or repealing existing provisions of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by the Ordinances, as stated below, to be effective forty five
repealing therefrom the following: METERED PARKING days after the first Council meeting at which they appear on
Metered Pkg Locations Period of Metered PkgRate of the agenda as an item business.
Metered Parking
East Huron Street, north side 2 Hour ParkingRate B
That that part of Subdivision 9 Section I I of Chapter 479 of work on the basis of the low bids. Funds for this project are
Ordinances of the City of Buffalo be supplemented by adding available in CPF 31510006 4455100 - Buildings.
thereto the following: STOP SIGNS Mr. Coppola moved:
VEHICLES ON SHALL STOP BEFORE ENTERING That the above communication from the Commissioner of
Hancock Avenue Whitehall Avenue Public Works, Parks and Streets dated July 12, 2004, be
Waive 45 Days received and filed; and
RECEIVED AND FILED That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue change order No. 1,
NO. 34 to Landmark Construction, an increase in the amount of
REPORT OF BIDS $42,599.00, as more Uly described in the above
ANTRACCITE ADDITION communication, for work relating to Job No. 041 1, Historical
CONTRACT NO. 54-A Society, Exterior Restoration, 1901 Pan-Am Expo Building,
NIAGARA C #92010878. Funds for this project are available in CPF
Plans and specifications were prepared and sealed 31510006 445 1 00 - Division of Buildings.
proposals accepted for the Antracite Addition Project PASSED
Contract No. 54-A at the Colonel Ward Treatment Facility. AYES - 9 NOES - 0
This project is part of the current filter rehabilitation project.
I submit the attached report of bids received which were NO. 36
opened in my office at 11:00 a.m. on June 2, 2004. REPORT OF BIDS
John W. Danforth Co. $487,000.00 MASSACHUSETTS AVENUE PROJECT
2100 Colvin Blvd. RECREATION IMPROVEMENTS
Tonawanda, NY 14150 (NIAGARA)
Hohl Industrial $507,700.00 I advertised on June 29, 2004 and have received the
770 Riverview Blvd. following bids for the site and facility improvements at 382
Tonawanda, NY 14150 Massachusetts Avenue, which were publicly opened & read
I certify that foregoing is a true and correct statement of all on July 13, 2004.
bids received and the John W. Danforth Company is the General Contractor Base Bid
lowest responsible bidder complying with the specifications. Paul J. Gallo Contracting, Inc. $370,000
I respectfully request that your Honorable Body authorize the 4244 Ridge Lea Road, Suite 1
Commissioner of Public Works, Parks and Streets to enter Amherst, NY 14226
into a contract with John W. Danforth Co. for the cost thereof
to be charged to the Division of Water capital bond account The Peyton Barlow Co., Inc $372,000
53190676 in the amount of $487,000.00 plus 10% for 360 Delaware Avenue, Suite 300
approved unit prices for a total encumbrance of $535,700. Buffalo, NY 14202
Mr. Coppola Moved:
That the above communication from the Commissioner of The C. H. Byron Co., Inc. $468,000
Public Works, Parks and Streets dated July 20, 2004, be 465 Creekside Drive
received and filed; and Amherst, NY 14228
That the Commissioner of Public Works, Parks and Streets, I hereby certify the foregoing is a true and correct statement
be, and he hereby is authorized to award a contract for the of the bids received and that Paul J. Gallo Contracting, Inc.,
Antracite Addition Project Contract No. 54-A at the Colonel 4244 Ridge Lea Road, Suite 1, Amherst, NY 14226 is the
Ward Treatment Facility, to John W. Danforth Company, the lowest responsible bidder in accordance with the plans and
lowest responsible bidder, in the amount of $487,000.00 plus specifications; and that the contract amount is $370,000.
10% for approved unit prices for a total encumbrance of I request that Your Honorable Body authorize the
$535,700. Funds for the project are available in the Division Commissioner of Public Works, Parks & Streets to order the
of Water capital bond account 53190676. work on the basis of the low bids. Funds for this work will be
PASSED available from a future bond sale. The National Park Service
AYES - 9 NOES - 0 has awarded a UPARR grant in the amount of $360,500 to
the City for this project, these funds will be received upon
NO. 35 completion of the project.
REPORT OF EMERGENCY BID Mr. Coppola Moved:
BUFFALO & ERIE COUNTY HISTORICAL SOCIETY That the above communication from the Commissioner of
EXTERIOR RESTORATION Public Works, Parks and Streets dated July 14, 2004, be
1901 PAN AM EXPO BUILDING received and filed; and
NORTH DISTRICT That the Commissioner of Public Works, Parks and Streets,
I asked for and received the following emergency proposal be, and he hereby is authorized to award a contract for the
for the Buffalo & Erie County Historical Society, 1901 Pan facility improvements at 382 Massachusetts Avenue, to Paul
Am Expo Building, on July 13, 2004. This proposal is to J. Gallo Contracting, Inc., the lowest responsible bidder, in
replace site lighting conduit and wiring which must be done the amount of $370,000. Funds for the project are available
before exterior restoration work can begin. from a future bond sale. The National Park Service has
Tunney Electric $ 6,022.00 awarded a UPARR grant in the amount of $360,500 to the
8565 Roll Rd, Clarence Ctr, NY City for this project; these funds will be received upon
No other bids received. completion of the project.
I hereby certify that the foregoing is a true and correct PASSED
statement of all bids received and that Tunney Electric, in AYES - 9 NOES - 0
the amount of Six Thousand Twenty Two and 00/1 00
Dollars ($6,022.00) is the lowest responsible bidder in NO. 37
accordance with the plans and specifications. REPORT OF BIDS
I recommend that Your Honorable Body authorize the PORTER AVE. 60" REPAIR
Commissioner of Public Works, Parks & Streets to order the CONTRACT NO. 51
NIAGARA That the above communication from the
Plans and specifications were prepared and Commissioner of Public Works, Parks and Streets dated July
sealed proposals accepted for the Porter Ave. 60- Repair 16, 2004, be received and filed; and
Project Contract No. 51 at the Colonel Ward Treatment That the Commissioner of Public Works, Parks
Facility. and Streets, be, and he hereby is authorized to award a
I submit the attached report of bids received which contract for the Shea's Performing Arts Center, New Chiller,
were opened in my office at 11:00 a.m. on June 28, 2004. to W. C. Roberson Plumbing & Heating, the lowest
Kandey Company $195,500.00 responsible bidder, in the amount of $17,100.00. Funds for
19 Ransier Dr. the project are available in 3l404856 445100-Buildings.
West Seneca, NY 14224 Passed.
Sicar Inc. $298,100.00 AYES-9. NOES-0.
1128 Jamison Rd.
Elma, MY 14059 NO. 39
I certify that foregoing is a true and correct REPORT OF BIDS
statement of all bids received and the Kandey Company is SOUTH PARK AVENUE LIFT BRIDGE REHABILITATION
the lowest responsible bidder complying with the
specifications. PIN 5755.72
I respectfully request that your Honorable Body SOUTH DISTRICT
authorize the Commissioner of Public Works, Parks and This is to advise your Honorable Body that I have advertised
Streets to enter into a contract with Kandey Company for the for and received bids on July 13, 2004 for rehabilitation of
cost thereof to be charged to the Division of Water capital South Park Avenue Lift Bridge over Buffalo river. The
bond account 53180636 in the amount of $195,500.00 plus following separate bids were received for General contract
10% for approved unit prices for a total encumbrance of and Electrical contract:
$215,050. Info on file in Clerk’s Office.
Mr. Coppola moved: General Contract Electrical
That the above communication from the Contract
Commissioner of Public Works, Parks and Streets dated July I hereby certify that the lowest responsible bidders are Hohl
20, 2004, be received and filed; and Industrial services, inc.(General Contract) and Ferguson
That the Commissioner of Public Works, Parks Electric (Electrical contract). Also, I respectfully recommend
and Streets, be, and he hereby is authorized to award a that your Honorable Body authorize a contract award in the
contract for the Porter Avenue 60" Repair Project Contract amount $ 6,386,968.00 (Base Bid $ 6,082,826.60 + a $
No. 51 at Colonel Ward Treatment Facility, the lowest 304,141.33- 5% Unit bid increase = $6,386,968.00) for
responsible bidder, in the amount of $195,500.00 plus 10% General contract and $ 1,424,368.00 (Base Bid $
for approved unit prices for a total encumbrance of 1,294,880.00 + $ 129,488.00 - 10% Unit bid Increase =
$215,050. Funds for the project are available in Division of $1,424,368.00) for Electric contract. This Project is Funded
Water capital bond account 53180636. by FHWA, NYSDOT and the City of Buffalo as part of local
Passed. Transportation Improvement Program (T.I.P.) and City of
AYES-9. NOES-0. Buffalo's share of costs are 5%. Funds for this project will be
available in capital project Account to be established
NO. 38 specifically for this project.
REPORT OF BIDS Mr. Coppola moved:
SHEA'S PERFORMING ARTS CENTER That the above communication from the
NEW CHILLER Commissioner of Public Works, Parks and Streets dated July
JOB NO. 0429 15, 2004, be received and filed; and
ELLICOTT DISTRICT That the Commissioner of Public Works, Parks
I asked for and received the following informal bids for the and Streets, be, and he hereby is authorized to award
Shea's Performing Arts Center, New Chiller, on July 16, contracts for rehabilitation of South Park Avenue Lift Bridge
2004. over Buffalo River to Hohl Industrial Services, Inc. (General
W. C. Roberson Plumbing & Htg. $ 17,100.00 Contract) and Ferguson Electric (Electrical Contract), the
602 E Delavan, Buffalo, NY lowest responsible bidder, in the amount of $6,386,968.00
M J Mechanical Services $21,219.00 (Base Bid 6,082,826.60 + a $304,141.33 - 5% Unit bid
2040 Military, Tonawanda, NY increase = $6,386,968.00) for general contract and $1,424,
Colgate Heating Corp. $29,880.00 368.00 (Base Bid $1,294,880.00 + $120,488.00 - 10% Unit
142 Colgate, Buffalo, NY bid increase = $1,424,368.00) for Electric contract. Funds
John W. Danforth Service Co. $46,888.00 for the project are available in capital project Account to be
2100 Colvin, Tonawanda, NY established specifically for this project.
I hereby certify that the foregoing is a true and correct Passed.
statement of all bids received and that W. C. Roberson AYES-BONIFACIO, COPPOLA, DAVIS, FONTANA,
Plumbing & Heating,, in the amount of Seventeen Thousand FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON-9.
One Hundred and 00/100 Dollars ($17,100.00) is the lowest NOES-GRIFFIN-1.
responsible bidder in accordance with the plans and
specifications. NO. 40
I recommend that Your Honorable Body authorize the BUFFALO WATER BOARD
Commissioner of Public Works, Parks & Streets to order the SALE OF 961 GLENWOOD AVE.
work on the basis of the low bids. Funds for this project are At their meeting of July 14, 2004, the Buffalo Water Board
available in the 31405856 445100 - Buildings. Funds from approved the sale of 961 Glenwood Ave. to Mr. Ernest E.
this account can only be used for Shea's Performing Arts Copeland of 79 Brunswick Blvd., Buffalo, NY 14208. The
Center. Board approved the Purchase Offer (attached), as
Mr. Coppola moved: negotiated by the City's Director of Real Estate.
In accordance with Article IX, Section 9.1 of the Operation I hereby submit to Your Honorable Body the
Agreement between the City of Buffalo and the Buffalo following change order for this contract. This change order
Water Board, the Board is requesting the approval of the is necessary for Grant Street water system improvements to
Common Council to complete this sale. be completed with the construction on the Grant St, bridge
Mr. Coppola moved: over Route 198 and for various street repairs resulting from
That the above communication from the Department of recent water line breaks. The total cost for said
Public Works, Parks and Streets dated July 14, 2004, be improvements is shown below:
received and filed; and Information on file in Clerk’s Office.
That the Common Council approves the sale of 961 Contract Amount: $1,458,210.00
Glenwood Avenue to Mr. Ernest E. Copeland of 79 This Change Order $91,850.00
Brunswick Boulevard. Total Contract $1,550,060.00
Passed. Funds are available in a Division of Water account
AYES-9. NOES-0. (53180636)
NO. 41 I respectfully certify that this change order is fair
CHANGE IN CONTRACT and equitable for the work involved, and respectfully request
AMSTAR OF WESTERN NEW YORK that Your Honorable Body approve the subject change order
CONTRACT #92010741 and authorize the Commissioner of Public Works, Parks &
CITY WIDE Streets to issue said change order to C. Destro
I hereby submit to Your Honorable Body the Development. Permission is requested from Your Honorable
following change order for this contract. This change order Body to authorize the increase contract as stated above.
is necessary for continuing security enhancements for Mr. Coppola moved:
Division of Water elevated storage tanks and remote pump That the above communication from the
stations. See the cost breakdown below: Commissioner of Public Works, Parks and Streets dated July
1. Security and SCADA equipment 20, 2004, be received and filed; and
including additional cameras, monitoring That the Commissioner of Public Works, Parks
and and Streets be, and he hereby is authorized to issue a
control equipment change order, to C. Destro Development, an increase in the
$141,489.56 amount of $91,850.00, as more fully described in the above
2. Control System which includes communication, for Grant Street water system improvement,
equipment and Contract #92010386. Funds for this project are available in
labor costs for installation of additional cameras Division of Water account 53180636.
and control equipment including new telephone Passed
line AYES-9. NOES-0.
communication system $
99,489.50 NO. 43
3. Electrical - included all conduit CHANGE IN CONTRACT
and cable $ HISTORICAL SOCIETY
75,490.23 EXTERIOR RESTORATION
Contract Amount $1,653,461.00 1901 PAN-AM EXPO BUILDING
This Change Order 316,469.29 JOB #0411
Total Contract $1,969,930.29 NORTH DISTRICT
Funds are available in a Division of Water I hereby submit to Your Honorable Body the following
account 53180656. changes for the Historical Society. Exterior Restoration,
I respectfully certify that this charge order is fair 1901 Pan-Am Expo Building, Landmark Construction, C
and equitable for the work involved, and respectfully request #92010878.
that Your Honorable Body approve the subject change order 1. Reconstruct the north retaining wall and repair marble
and authorize the Commissioner of Public Works, Parks & cladding.
Streets to issue said change order to Amstar of Western Add $
New York. Permission is requested from Your Honorable 42,599.00
Body to authorize the increase contract as stated above. The foregoing change results in a net increase in the
Mr. Coppola moved: contract of Forty Two Thousand Five Hundred Ninety Nine
That the above communication from the and 00/1 00 Dollars ($42,599.00).
Commissioner of Public Works, Parks and Streets dated July Summary: Current Contract Amount $
20, 2004, be received and filed; and 916,200.00
That the Commissioner of Public Works, Parks Amount of This Change Order (#1) Add $
and Streets be, and he hereby is authorized to issue a 42,599.00
change order, to Amstar of Western New York, an increase Revised Contract Amount $
in the amount of $316,469.29, as more fully described in the 958,799.00
above communication, for continuing security enhancements Costs have been reviewed by the Consulting Architect
for the Division of Water elevated storage tanks and remote (Hamilton, Houston, Lownie) and the Department of Public
pump stations, Contract #92010741. Funds for this project Works, Parks & Streets and were found to be fair and
are available in Division of Water account 53180656. equitable. Funds for this work are available in 31510006
Passed 445100 - Division of Buildings.
AYES-9. NOES-0. I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to issue a
NO. 42 change order to the contractor as set forth above.
CHANGE IN CONTRACT Mr. Coppola moved:
C. DESTRO DEVELOPMENT That the above communication from the
CONTRACT #92010386 Commissioner of Public Works, Parks and Streets dated July
CITY WIDE 15, 2004, be received and filed; and
That the Commissioner of Public Works, Parks I hereby submit to our Honorable Body the following unit
and Streets, be, and he hereby is authorized to award a price additions to the contract for the above named Project.
contract for the Buffalo & Erie County Historical Society, This change order was necessary to milt/overlay:
Exterior Restoration, 1901 Pan Am Expo Building, to Tunney 1. Michigan - Main to Laurel
Electric, the lowest responsible bidder, in the amount of 2. Masten - Main to Riley.
$6,022.00. Funds for the project are available in CPF This work is deemed necessary to properly complete the
31510006 445100 - Buildings. ongoing two-way conversion and completion of traffic signal
PASSED. replacements of Michigan and Masten Avenues.
AYES-9. NOES-0. Info in Clerk’s Office.
Increase in Contract $67,990.00
NO. 44 Original Contract $1,475,925.00
CHANGE IN CONTRACT Increase in Contract $67,990.00
KLEINHANS MUSIC HALL - PHASE IX Total Contract to Date $1,543,915.00
SITE IMPROVEMENTS Funds for this change are available in Division of
JOB #0347 Engineering Bond.
NIAGARA DISTRICT I respectfully certify that this change order is fair and
I hereby submit to Your Honorable Body the following equitable for the work involved, and respectfully request that
changes for Kleinhans Music Hall, Phase IX, Site your Honorable Body approve the subject Change order and
Improvements, Allgaier Construction Corp., C #92010809. authorize the Commissioner of Public Works to issue said
1 . Patch areas of plaster at the ground level auditorium change order to Destro & Brothers Concrete Co., Inc.
entry ceiling. Paint areas of repair, including entire Mr. Coppola moved:
upper coved The Common Council of the City of Buffalo hereby approves
ceiling at the mezzanine level. Add $ the change order for overlay of City Pavements for Destro &
12,625.00 Brothers Concrete increased in the amount of $67,990.00
2. Remove existing glass in 3 existing ticket booths and payable out of Bond Fund Accounts 35310806 & 30032106.
replace with Y4" tempered glass with a 4" voice cut PASSED.
and an 8" half circle AYES-9. NOES-0.
cash slot to match the new ticket booth glass. Add
$490.00 NO. 46
3. Repair and reinstall ceiling mounted light shields in the DISTRIBUTION OF GARBAGE TOTES
mezzanine level coat room. Add ITEM NO. 110, C.C.P. 06/22/04
$80.00 The referenced item was sent to this office for comment.
The foregoing change results in a net increase in the In late June we received shipments of sufficient amounts of
contract of Thirteen Thousand One Hundred Ninety Five and totes that will allow us to supply everyone who has
00/100 Dollars ($13,195.00). requested a replacement tote with one by the end of July.
Summary: Current Contract Amount $ We have also asked the Division of Purchase to issue orders
102,062.00 to the manufacturer of our totes for 5600 ea. 95gallon totes,
Amount of This Change Order (#3) Add $ 450 ea. 65-gallon totes, and 450 ea. 35-gallon totes. The
13,195.00 total cost of this purchase will be approximately $250,000.
Revised Contract Amount $ Based on usage patterns from last year, we believe that this
115,257.00 order will be sufficient to handle all requests in this fiscal
Costs have been reviewed by the Consulting Architect year.
(Hamilton, Houston, Lownie) and the Department of Public REFERRED TO THE COMMITTEE ON FINANCE.
Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in 36321606 NO. 47
4451 00 - Division of Buildings. 283 MAIN STREET-, ENCROACH RIGHT OF WAY WITH
I request that Your Honorable Body authorize the AWNINGS
Commissioner of Public Works, Parks & Streets to issue a (ELLICOTT DISTRICT)
change order to the contractor as set forth above. Mr. Marty Kohler. of Kohler Awning. acting as agent
Mr. Coppola Moved: for Ellicott Group. owners of the Ellicott Square Building
That the above communication from the located at 283 Main Street. has requested permission to
Commissioner of Public Works, Parks and Streets dated July install 5 awnings which would encroach City right of way on
13, 2004, be received and filed; and Main Street at said address. A similar awning on the
That the Commissioner of Public Works, Parks Washington Street side of the property was previously
and Streets be, and he hereby is authorized to issue a approved by Your Honorable Body.
change order, to Allgaier Construction Corp., an increase in The proposed awning at the entrance of the building
the amount of $13,195.00, as more fully described in the would measure sixteen (16) feet in width and project seven
above communication, for Kleinhans Music Hall Phase IX, (7) feet from the building face into the right of way. The
Site Improvements, Job #0347, C #92010809. Funds for awning would be supported by posts mounted into the
this project are available in 3 6321606 445 1 00 - Division of sidewalk. The remaining four awnings are smaller and
Buildings. measure approximately ten (10) feet in width with
Passed approximately a three (3) foot projection.
AYES-9. NOES-0. The Department of Public Works Parks and Streets
has reviewed this application pursuant to Chapter 413-56
NO. 45 (awnings. canopies and marquees) of the City Charter.
CHANGE IN CONTRACT Because a similar awning for the same property vas
OVERLAY OF CITY PAVEMENTS - 2004, GR. #626 approved by the Common Council, the City Planning Board
DESTRO & BROTHERS CONCRETE CO., INC. and the Preservation Board this department recommends
ELLICOTT/MASTEN DISTRICTS that Your Honorable Body authorize the Commissioner to
issue a "Mere License" for said encroachments provided the Quantity Vehicle Types Asset Numbers Unit
applicant. the Ellicott Group. meet the following conditions: Price Total
1. That the applicant obtain any and all City of 3 1998 Wilkens Trailers S394 $8,000
Buffalo approvals and/or permits necessary. $24,000
2. That the awnings be constructed exactly as S935
shown on plans submitted to and approved by S396
the Department of Permit & Inspection Services. 3 1986 Caterpillar Loaders S825 17,000
3. That the applicant be responsible for maintenance 51,000
of the awnings as long as they remain within City S826
right of way. S829
4. That the applicant obtain an annual license to 1 1988 Mack Flatbed S963 8,000
occupy City right of way at a cost of $ 1 00.00 8,000
per Near as described in part H. of the above 1 1985 Western Star Spreader 8961 E 2,000
mentioned chapter of the City Charter. 2,000
That, in the event that the Commissioner of
5.1 1979 Mack Dump Truck 13716
Public Works. Parks and Streets determines (lie 2,000 2,000
encroachments must cease as a result of factors The trade value was based on bids received from three
effecting the health, safety and welfare of the vendors, and the cost of the new vehicle was based on bids
public. or the needs of the City, said previously received by the Division of Purchase. The total
commissioner may order the immediate removal value of the trade-ins is $87,000. The total cost of the new
of the encroachments as described in Chapter vehicle is $86,720.
413-67(F) of the City Charter. I respectfully request authorization to trade-in these vehicles
6. That the applicant supply the Department of to Buffalo Truck Center, Inc., and to apply the trade value
Public Works. Parks and Streets with a towards the purchase of a 2005 Volvo VHD64 tandem axle
certificate of insurgence. in an amount deemed dump chassis from Buffalo Truck Center, Inc. The remaining
sufficient by the Corporation Counsel. which will value of $280.00 will be credited to the City for future
indemnify and save harmless the City of Buffalo service.
against any and all loss or damage arising out of REFERRED TO THE COMMITTEE ON FINANCE.
the construction, maintenance. use or removal
of said elevated awnings. NO. 51
REFERRED TO THE COMMITTEE ON LEGISLATION, TELCOVE AS TELECOMMUNICATIONS PROVIDER
CITY PLANNING BOARD, BUFFALO PRESERVATION We are very interested in discussing ways to
BOARD, CORPORATION COUNSEL AND BUFFALO reduce the City's telecommunications costs with Telcove. As
PLACE. you may know, Telcove has acquired most of the assets of
the former Adelphia Business Solutions.
NO. 48 Telcove representatives have contacted the Office of
JAMES GRIFFIN Telecommunications about obtaining a franchise to provide
LORRAINE AVENUE telecommunications services using the City of Buffalo Right
"SEVERE PARKING PROBLEMS ON LORRAINE of Way. They have been informed that, per the City's
AVENUE" Telecommunications Ordinance, they are required to obtain
(SOUTH DISTRICT) a franchise agreement. They have been provided with
(ITEM NO. 47, C.C.P. 5/11/04) information about the City's policies and hope to meet with
The following response is being submitted at the request of them in the near future to develop an agreement.
the Common Council as outlined in Item #47 of May 11, Once such an agreement is in place, we would
2004. Please be advised that the Department of Public welcome the opportunity to discuss Telcove providing
Works, Parks & Streets - Traffic Section has reviewed this telecommunications services to the City of Buffalo.
item. REFERRED TO THE COMMITTEE ON FINANCE.
The City of Buffalo, in accordance with current New York
State Vehicle and Traffic Law, does not have the NO. 52
authorization to establish a paid residential parking permit OFFICE OF TELECOMMUNICATIONS - ANNUAL
program on public streets. REPORT
RECEIVED AND FILED. Attached is a copy of the annual report of the Office of
Telecommunications, Utilities and Franchises.
NO. 49 REFERRED TO THE COMMITTEE ON LEGISLATION.
ORDINANCE AMENDMENT CHAPTER 495 WHARVES,
HARBORS AND 'BRIDGES
ITEM NO. 106 C.C.P. 07/06/04 FROM THE COMMISSIONER OF POLICE
The referenced ordinance amendment was sent to this
department for comment. NO. 53
We have reviewed the proposed changes and we have no ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES
objection to the Council's adoption of the changes. ITEM # 1 5 1, C.C.P. APRIL 13, 2004:
RECEIVED AND FILED. The following information is submitted per the Council's
request for a monthly report from the Buffalo Police
NO. 50 Department documenting the number of citations and
PERMISSION TO TRADE-IN VARIOUS VEHICLES adjudication's thereof of the city's illegal dumping
DIVISION OF STREETS AND SANITATION ordinances:
This department requests Common Council approval to June 2004
trade-in the following equipment as credit towards a new Total: 3
2005 Volvo VHD64 tandem axle dump chassis. REFERRED TO THE COMMITTEE ON BUDGET.
NO. 54 and in addition, there is no retention clause once the grant
"ENFORCEMENT OF NOISE ORDINANCES"] period ends.
[ITEM #151, C.C.P. APRIL 13, 2004:] This grant application process has been very long and
The following information is submitted per the Council's bureaucratic with the State and the processing of this grant
request for a monthly report from the Buffalo Police information has been difficult due to the complexity of the
Department documenting the number of noise ordinance different entities involved and the various grant stipulations.
citations and adjudications: We try to secure all the required infon-nation in a timely
June 2004 manner, however, the reality is that is always not possible,
Total: 25 and as a result, we find ourselves in a position of having to
REFERRED TO THE COMMITTEE ON LEGISLATION. process things, such as this request, extremely quickly in
order to follow our own governmental procedures. We need
NO. 55 your immediate approval due to the fact that your Honorable
0PERATION IMPACT GRANT Body will be going on summer recess, and also, we need to
The Buffalo Police Department is respectfully requesting present this to the Control Board at their July 21st meeting,
immediate authorization for the City to accept funds from the which we cannot do until we secure your approval. If we
County of Erie (District Attorney's Office) for Operation have to wait until Council comes back from recess or cannot
Impact. This grant was awarded to the County of Erie present this for another month to the Control Board, we will
through the New York State Department of Criminal Justice not be able to hire the RTs back until at least October. By
Services and will run through December 31, 2005. presenting this at next week's meeting (both Council and
Operation Impact is part of a comprehensive strategy in New Control Board), we can rehire them by at least September.
York State to reduce violent crime involving gangs, guns and Under this grant, there are very stringent reporting
drugs through integrated anti-crime teams. Buffalo's requirements, which we are already behind on because of
strategy includes coordination with federal (ATF, FBI, DEA, the lay-off of 36 Report Technicians, and also, the length of
US Marshal) state (NYS Police) and local law enforcement time it took for the State to approve this grant. We will
(Buffalo Police, Erie Co. Sheriff Dept, Central Police further jeopardize our funding (now that we have the State's
Services, NFTA, Housing) as well as Probation, Parole, the approval) if we do not act immediately.
US Attorney's Office, and the District Attorney's Office. In addition, many members of this Honorable Body have
It is a mandate of this grant initiative, that the County called for a multi-jurisdictional approach to attack violence in
reimburse the City of Buffalo, through its Police Department, the City, and this grant presents the City with such an
a total of $18 1,1 IO, as we report the highest UCR Part I for opportunity and we will be able to specifically address some
violent crimes in Erie County; only 20 counties across the of the issues plaguing our community over the rest of the
State have received funds for this initiative. The matching summer months.
requirement of $152,982 is being met by the State through a We are asking for your cooperation and assistance with this
Legislative Grant so neither the City or the County are particular filing.
responsible for said match. If you have any questions or require further clarification of
The funding award of $181,110 will be utilized as follows: the above, please contact Chiefs Claudia Childs and/or
$128,775 - Cover the salary/fringes to REHIRE 3 Report Richard Ortiz or Captain Mark Makowski, ext. 4475. Thank
Technicians (Please note it is a mandate of this grant that you for your immediate
law enforcement agencies receiving funds must submit UCR attention to this pressing matter as again, we must have your
Part I crimes to DCJS by 30 days following end of month - approval prior to Budget's presentation at the Control
due to lay off of Report Technicians we are currently 4 Board's July meeting.
months behind and are mandated to become current) Mr. Coppola moved:
$6,615 - Overtime for participating with federal/state That the above communication from the Commissioner of
enforcement agencies to serve warrants Police dated
$25,000 - Confidential funds for participating with July 14, 2004 be received and filed; and
federal/state enforcement agencies in covert That the Commissioner of Police, be and he hereby is
operations/stings authorized on behalf of the City to accept funds totaling $18
$16,450 - Equipment for Computer Intelligence Sharing 1,1 00 from the County of Erie (District Attorney's Office) for
Hardware/Software, Computer Equipment to meet reporting Operation Impact. This grant was awarded to the County of
requirements (which include data extracts for crime Erie through the New York State Department of Criminal
mapping) and related equipment/supplies for operation Justice Services and will run through December 31, 2005.
enhancements Passed.
$4,270 - Gang/Violent Crime Training for sworn personnel AYES-9. NOES-0.
(patrol detectives)
Again, we are asking for permission for the City to accept
this award, and also, authorization for an interfund cash loan NO. 56
covering all non-personnel expenditures should the need ["REQUEST REGULAR ERIE COUNTY SHERIFF
arise. The loan would then be repaid as the reimbursement PATROLS IN BUFFALO"]
would be sent to the County and then directly to the City PRIOR COUNCIL REFERENCE: (IF ANY) [ITEM #1 I 1,
under this special initiative. C.C.P. JUNE 22,2004:]
Also, we are asking that when the Budget Office files their Please be advised that I concur with the aforementioned
request at this same meeting, that approval is given for the resolution as proposed.
increased appropriation of $128,775 under the 12021001/41 RECEIVED AND FILED
1001 salary line to cover the rehiring of the 3 Report
Technicians, as well as approval for Budget's filing of a FROM THE COMMISSIONER OF PERMIT & INSPECTION
request for a salary ordinance to increase the number of SERVICES
Report Technicians in Buffalo Police's NO. 57
Administration/Communications Unit from 42 to 45. [: "D. DAVIS-D. MURPHY & O-PET.-REQ. SLA INVEST-
Be advised that there will BE NO COST TO THE CITY, as FRANK'S
the increase in revenue will offset the personnel expenditure, BAR-256 ALLEN (ELL)")
ITEM #61 C.C.P. JUNE 22, 2004 I am in receipt of the above stated Common Council
In response to Item #61, C.C.P., June 22, 2004, the Communication and wish to supply your Honorable Body
Department of Permit & Inspection Services, Office of with the following information. As a result of the inspections
Licenses has the following response to the comments: performed by Building Inspector William Manuszewski of the
The City of Buffalo's Department of Permit & Inspection Department of Permit and Inspection Services, Daniel Tredo
Services, Office of Licenses received a complaint in April and Mario Pugliese (I 1221123 Ontario Inc.) were
2004 regarding the business operation of Frank's Bar summoned to Housing Court for the illegal storage of tires.
located at 256 Allen Street. On April 13, 2004 the Office of On 10/9/2003 was Daniel Tredo was fined One thousand
Licenses sent a certified letter to the operator of that five hundred dollars ($1,500.00). On October 9, 2003 a
establishment notifying said operator of complaints regarding warrant was issued for Mr. Tredo's arrest for non-payment of
loud music, use of rear outdoor patio, unruly patrons and the fine, On August II, 2003 Mario Pugliese (I 1221123
smoking within the premises (see attached). This letter was Ontario Inc.) was fined eighteen thousand dollars
copied to the Buffalo Police Department and Erie County ($18,000.00) for the illegal storage of tires. On March 30,
Health Department (enforcement of the State Smoking Law). 2004 a warrant was issued for the arrest of Mario Pugliese
Shortly thereafter, a resident of that area informed the Office (1 1221123 Ontario Inc,) for non-payment of the fine. As of
of Licenses that Frank's Bar had addressed these previous this writing the Department of Permit and Inspection
complaints. On May 28, 2004 the Office of Licenses Services has requested assistance from the Erie Count
received another complaint call regarding the use of the rear Sheriffs Department to exercise these warrants to arrest and
patio, smoking inside and possible underage patrons at detain these individuals, It is my sincere hope that this
Franks Bar. That same day, May 28, 2004, the Office of response satisfies your inquiry.
Licenses faxed a letter to the "B" District Buffalo Police RECEIVED AND FILED
notifying them of said complaints and requesting that they
investigate and "close-down" the rear patio if being used and FROM THE COMMISSIONER OF ADMINISTRATION AND
to notify the Office of Licenses if activity was taking place so FINANCE
that an Administrative Hearing could be scheduled regarding NO. 60
the operator's City Licenses. SALE OF OBSOLETE EQUIPMENT/VEHICLES
To date, the Office of Licenses has not received any The Department of Administration & Finance, Division of
official verification regarding the complaints filed. As the Purchase is requesting permission from your Honorable
Office of Licenses does not have any personnel working Body to dispose of by means of Open Auction/Sealed Bid
during this bar's normal business hours, we must rely on various obsolete pieces of equipment and vehicles that are
verification of the complaints and assistance, through other no longer of use or serviceable. The equipment/vehicles are
City, County and State Agencies. The Office of Licenses will from various departments throughout the City (Police; Public
continue to monitor this establishment and will schedule and Works; etc.). The auctions will be held during the months of
conduct an Administrative Hearing on their City Licenses August and September 2004. The exact dates are to be
should evidence provide for said hearing. determined.
REFERRED TO THE COMMITTEE ON LEGISLATION Mr. Coppola Moved:
That the above communication from the Division of
NO. 58 Purchasing dated
SECOND HAND DEALER July 12, 2004, be received and filed; and
742 TONAWANDA (NORTH) That the Department of Administration & Finance, Division of
Pursuant to Chapter 254 of the City of Buffalo Ordinances, Purchase, be and they hereby are authorized to dispose of
please be advised that I have examined the attached by means of Open Auction/Sealed Bid various obsolete
application for a Second Hand Dealer License located at 742 pieces of equipment and vehicles that are no longer of use
Tonawanda and find that as to form is correct. I have or serviceable.
caused an investigation into the premises for which said PASSED
application for a second hand dealer license is being sought AYES - 9 NOES - 0
and according to the attached reports from the Zoning
Office, Fire Department and Building Inspections, I find it FROM THE COMMISSIONER OF HUMAN RESOURCES
complies with all regulations and other applicable laws. I NO. 61
have caused an investigation by the Police Department into APPROVAL OF PROFESSIONAL SERVICES CONTRACT
the moral character of Timothy Sharry. The attached thereto HEALTH INSURANCE CONSULTING SERVICES
for Timothy Sharry d/b/a Sharry Upholstery, Inc. This RFP completed for Health Insurance Consulting Services.
request is submitted for your approval or whatever action Recommend retention of Mercer Human Resource
you deem appropriate. Consultant. Request authorization to enter into contract with
Mr. Coppola moved Mercer, not to exceed $45,000 without additional Council
That the above communication from the Commissioner of approval. Funding approved in adopted budget under 25-
Permit and Inspections Services dated July 14, 2004 be 1053-12553006-432004 ($115,000 for technical services to
received and filed; and include Risk Management Insurance Consultant and EAP
That pursuant to Chapter 254 of the City Code, the program.) Consultant initially will conduct a full health
Commissioner of Permit & Inspections Services be, and he insurance benefit review to determine scope of issues and
hereby is authorized to grant a Second Hand Dealer license develop master alternative health insurance plan.
to Timothy Sharry, d/b/a Sharry Upholstery, Inc. located at I certify that there exists no proper list from which to select a
742 Tonawanda. person to render these services and that in view of the
PASSED temporary and unusual character of the services required, I
AYES - 9 NOES - 0 do not intend to exercise Civil Service control over the
services.
NO. 59 Mr. Coppola Moved:
A. THOMPSON - TIRES -REQ. REMOVAL - 537 E. That the above communication from the Department of
DELAVAN AVE. Human Resources dated July 21, 2004, be received and
(ITEM NO. 61 C.C.P. 7/6/2004: filed; and
That the Commissioner of Human Resources, be, and he Please keep in mind however ' identifying the dogs is only-
hereby is authorized to award a contract for a full health the first- step. The City still needs to concentrate on getting
insurance benefit review to determine scope of issues and the people to license their dogs as well as the collection of
develop master alternative health insurance plan, to Mercer outstanding fines. The above proposal would be in con
Human Resource Consultant, in the capped agreement unction to current efforts already underway to combat the
amount of $45,000. Funds for the services are available in dog situation in the City of Buffalo.
25-1053-12553006-432004 ($115,000 for technical services REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
to include Risk Management Insurance Consultant and EAP THE COMMISSIONER OF PERMITS AND INSPECTIONS
Program). AND THE COMMISSIONER OF HUMAN RESOURSES
PASSED
AYES - 9 NOES - 0 NO. 66
LIQUOR LICENSE APPLICATIONS
NO. 62 Attached hereto are communications from persons applying
APPT.-INVESTMENT & DEBT. MANAGEMENT OFFICER for liquor licenses from the Erie County Alcohol Beverage
#12 CCP 6 JUI, 04 Control Board.
In response to your memo of 13 JUL 04, please be advised Address Business Name Owner's Name
that Comptroller SanFilippo requested a 6 month waiver of 133 Kingsley St Patrice's Club Patrice Cameron
residency for this position. I have approved this request. ECEIVED AND FILED
RECEIVED AND FILED
AYES –BONIFACIO, COPPOLA, DAVIS, FIONTANA, NO. 67
FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL – 8 NOES – LEAVES OF ABSENCE WITHOUT PAY
THOMPSON -1 I transmit herewith notifications received by me, reporting the
granting of the leaves of
NO. 63 absence without pay, in the various departments as listed:
CERTIFICATE OF APPOINTMENT x Mayor/Mayor Executive
Appointment Effective: July 1, 2004 in the Department of Strat Plan Pamela Grzebielucha
Human Resources, Division of Employee Relations to the X Public Works, Streets & Parks- Allen Sherman
Position of Secretary to Commission of Human Resources X Police- James Milroy, Debra Drzazga
Provisional Appointment at the Flat
x Fire- David Schieber
Starting Salary of
X Community Services- Kathleen Isch
$27,734
X Permit and InspectionServices- Matthew Baudo
Jacqueline Keeys-Holston,177 Hagen Street
RECEIVED AND FILED.
Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 68
REPORTS OF ATTENDANCE
FROM THE BOARD OF EDUCATION
I transmit herewith communications received by me, from the
NO. 64
various boards, commissions, agencies and authorities
"M. COPPILA - K. DIRAIMONDO-REQ.
reporting the membership attendance at their respective
FUTURE PLANS - PUBLIC SCH. #86"
meetings:
ITEM #64, C.C.P. JULY 8, 2004
x Buffalo Sewer Authority
On January 14, 2004, the Board of Education adopted the
x City Planning Board
Strategic Plan which left the future status of School 86 as
RECEIVED AND FILED.
"Use To Be Determined." The School 86 site is very
attractive and probably will be used as a future K-8 school
NO. 69
through major facility renovation with selective demolition
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
and new additions. As the Strategic Plan is updated and
I transmit herewith certificates received by me, reporting
more specific information is available, we will present that
seasonal and flat salary appointments made in various
information to City Council and the School 86 community.
departments.
REFERRED TO THE SPECIAL COMMITTEE ON
RECEIVED AND FILED.
EDUCATION
CERTIFICATE OF APPOINTMENT
FROM THE CITY CLERK
Appointment Effective 7/9/04 in the Department of
NO. 65
DPW, Division of Streets to the Position of
DOG PROBLEMS IN THE CITY OF BUFFALO
Laborer II, SEASONAL APPOINTMENT at the FLAT
In discussing the dog problems plaguing the City of Buffalo
Starting Salary of $8.15 hr.
with my staff a proposal was suggested. What if the City of
Jeffrey DiNatale, 62 Ramsdell Ave., Buffalo, NY 14216
Buffalo utilized the building inspectors, during their normal
course of business, to site the presence of dogs?- While
CERTIFICATE OF APPOINTMENT
checking properties for housing violations they would note if
Appointment Effective: July 12, 2004 in the Department of
a dog is present or if there is evidence of a dog on the
Law, to the Position of Intern V, Seasonal Appointment
premises. It would not be asking inspectors to do anything
at the Starting Salary of $ 8 . 0 0 / h o u r
out of their line of work.
Kelly G. Eisenried, 1149 Delaware Avenue, Buffalo, New
The information gathered by the inspectors can be used to
York 14209
compile a list of unlicensed dogs as well as give the City of
Buffalo insight on how many potentially dangerous dogs are
CERTIFICATE OF APPOINTMENT
out there. This information would also help aid Police and
Appointment Effective 7/7/04 in the Department of
Fire in their work. I am not sure if this would need to be
DPW, Division of Engineering to the Position of
negotiated with union representatives however; I do not
Bridge Operating Engineer, SEASONAL APPOINTMENT
believe this to be a big extension of their duties since they
At the FLAT Starting Salary of $10.25
are already inspecting the premises for housing violations on
Lewis A. King, 159 Chester Street, Buffalo, NY 14208
a daily basis.
This is in response to your correspondence dated June 21,
NO. 70 2004 regarding "Personal Service Contracts." None of the
APPOINTMENTS - TEMPORARY, PROVISIONAL OR information being requested is applicable to the Buffalo
PERMANENT Police Department for the period covering July 1, 2003
I transmit herewith Appointments in the various departments through June 30, 2004 due to the fact that all our contracts
made at the Minimum (Temporary, Provisional or are incorporated.
Permanent) (as per contract requirements). 1. A list of any and all Agreements or Contracts for Personal
Services for our Department, which consists of, a "Non-
CERTIFICATE OF APPOINTMENT professional and/or Professional" nature rendered by an
Appointment Effective: July 16, 2004 in the Department of unincorporated business entity occurring during the period of
Law to the Position of Assistant Corporation Counsel I July 1, 2003 through.
Temporary Appointment at the Starting Salary of 2. Vendor's name and agreed upon services in regards to
$ 45,757.00 #1 above.
Alan P. Gerstman, 54 Norwood Ave, Buffalo., NY 14222 3. Furnishing a copy of the approving memorandum of the
Mr. Coppola Moved: Department of Human Resources in regards
That the above communication from the Corporation to: "§ 16-4. Contracting for personal services involving
Counsel dated July 16, 2004, be received and filed; and specialized skill."
That the appointment of Alan P. Gerstman, effective July 16, If there are any questions regarding any of the enclosed
2004 in the Department of Law, to the position of Assistant materials, please contact Chief of Fiscal Operations, Richard
Corporation Counsel 1, Temporary, at the starting salary of Ortiz at 851-5181.
$45,757.00, be and hereby is approved. REFERRED TO THE COMMITTEE ON FINANCE.
PASSED
AYES - 9 NOES - 0 NO. 73
STANDARD PARKING
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND Please file the attached correspondence for the upcoming
REMONSTRANCES Council Session to be held on Tuesday, July 20, 2004 for
further discussion.
NON-OFFICIAL COMMUNICATIONS Thank you in advance for you assistance in this matter.
REFERRED TO THE COMMITTEE ON FINANCE AND
NO. 71 BOARD OF PARKING.
NEW BIDDING FOR PARKING CONTRACTS
Please file the attached correspondence for the upcoming NO. 74
Council Session to be held on Tuesday, July 20, 2004 for EMERSON PARK-RESTROOMS/CONCESSIONS
further discussion. I am writing on behalf of the Buffalo Raiders Little League
Thank you in advance for you assistance in this matter. Football Team. The team is composed of 195 boys and girls
It is our understanding that the City of Buffalo may open up ages 6 to 15. The area that is served by the team is in the
the bidding process on the parking contract previously held Fillmore District and is composed primarily of African
by Buffalo Civic Auto Ramps. In a public meeting of the American residents. High teen pregnancy and active gang
Common Council Finance Committee, I made it clear that violence mark this district. Recognizing and understanding
any contractor receiving the bid will need to comply with the the many social problems and dangers facing youth of our
Living Wage Ordinance. communities, our plan is designed to develop the whole
Per your request, I have enclosed all of the materials that the youth and provide a safe haven for structured sports. While
law requires you to send to the prospective bidders on this providing a safe haven for our youth, we would also like to
contract. These materials include: • the Application for offer an unpretentious playing and practice environment.
Contract which all prospective bidders must complete and In the years 2000-2001 the Buffalo Bills NFL Fields Program
sign certifying their compliance with the law; entered into a matching grant of $150,000 with the City of
• the Quarterly Reporting Form which, once awarded the Buffalo. The guidelines of the grant stated that the NFL
contract, each employer must complete on a quarterly basis; would provide $150,000 to be used for the field's goal post
• the Employer Posting Requirement which, once awarded and bleachers at Emerson Park, which was accomplished.
the contract, each employer must post to inform their According to the grant the City of Buffalo was to provide
employees of their right to a living wage; and restrooms and a concession area valued at $150,000, using
• a copy of the Living Wage Ordinance for your matching funds. Our mission is to provide alternatives to
convenience. risky behaviors and be a blessing to our youth. With the
All completed forms should be sent to the Living Wage completion of the restrooms and concession area, which is a
Commission at 2123 Bailey Ave., Buffalo, NY 1421 1. Please requirement of the grant, it would allow us to accomplish our
make copies of these forms and send them out freely. goal. However, the City of Buffalo has not fulfilled their
If you have any questions, do not hesitate to contact me at obligation with the Buffalo Bills NFL or with our youth.
8524191. Please know how important your efforts are to We would like the opportunity to address the Council on this
ensure compliance with this law. Your support is genuinely matter to obtain information on how we can remedy this
appreciated. problem. For further information or to answer any questions
REFERRED TO THE COMMITTEE ON FINANCE. concerning my request to address the Council, please feel
free to contact me at 716-400-8379 or Mr. Kenny Whigham
NO. 72 at 716-563-4695. Thank you in advance for your
PERSONAL SERVICE CONTRACTS consideration and cooperation.
Please file the attached correspondence for the upcoming REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Council Session to be held on Tuesday, July 20, 2004 for COMMISSIONER OF PUBLIC WORKS ND THE
further discussion. CORPORATION COUNSEL
Thank you in advance for you assistance in this matter.
Response to your request regarding Personal Service NO. 75
Contracts ACQUISITION OF WATER SYSTEM
As you know, representatives of the Erie County improvements less expensively than the
Water Authority (the "Authority) met on June 30, 2004 in BN4WFA, providing long-term savings to water
Albany with staff of the New York State Environmental ratepayers in the City.
Facilities Corporation ("EFC") and the Department of Health · The Authority intends to calculate the cost of
("DOH") to discuss EFC financing for the Authority's serving City customers and non-City customers
proposed acquisition of the City of Buffalo water system and separately for the foreseeable future, so that
the timetable that would have to be met in order to receive there will be no significant subsidy of non-City
such financing. customers by City customers nor shall there be
EFC's reaction to funding the acquisition was a significant subsidy of City customers by non-
extremely positive. However, in order to satisfy EFC's City customers.
requirement that the project is "ready" to be funded during The Authority would initially preserve the
the 2004-2005 funding cycle (which runs from October 1, existing rate structure for City customers,
2004 through September 30, 2005), the staff advised that including discounts for low-income senior
the Authority must submit to EFC by August 15, 2004 the citizens and for commercial water users.
following items: • The combined resources of the Authority and the
(1) An engineering and valuation report supporting System will provide economies of scale in
the proposed purchase price for the System; and operations and maintenance that will result in
(2) A fully executed Memorandum of long-term operating cost savings for both City and
Understanding between the Authority and the seller of the outside-of-City water ratepayers.
System setting forth the material aspects of the proposed The Authority believes that the enclosed MOU
transaction. constitutes a positive proposal for the Western New York.
We expect that Black & Veatch will complete its We will be happy to discuss it with you at your meeting on
engineering and valuation report well within this time frame July 14, 2004. In the meantime, please do not hesitate to
and that the report will support the proposed purchase price. call with any questions.
In response to EFC's second requirement, the Board of Remaining text on file in Clerk’s Office.
Commissioners of ECWA today authorized submission of a REFERRED TO THE COMMITTEE ON FINANCE, THE
proposed Memorandum of Understanding (the "MOU") to the CORPORATION COUNSEL AND THE COMMISSIONER
Buffalo Water Board (the "Board"), as the seller of the OF PUBLIC WORKS
System. I am pleased to enclose the MOU with this letter.
Please note that the MOU contemplates a NO. 76
definitive asset purchase agreement that would ultimately be FACT SHEET
negotiated among the Authority, the Board, the City of CHEM-CORE SITE-REMEDIAL DESIGN
Buffalo (the "City") and SITE NO. 9-15-176
the Buffalo Municipal Water Finance Authority (the JULY 2004
"BMWFA"). Item on file in Clerk’s Office.
Anticipated Benefits of the Proposed Acquisition REFERRED TO THE COMMITTEE ON COMMUNITY
The Authority has an excellent track record in DEVELOPMENT.
managing its financial resources and in providing high quality
service to its customers. The Authority believes that water NO. 77
customers of the City and the communities of Erie County POTENTIAL SALE OF MAIN PLACE PARKING RAMP
outside of the City will benefit from the combined resources Item on file in Clerk’s Office.
of the two water systems. A brief summary of several of the REFERRED TO THE COMMITTEE ON FINANCE.
expected benefits is provided below.
• As part of the proposed acquisition, the Authority NO. 78
will extinguish the existing System debt through REQUEST TO SPEAK AT COUNCIL MEETING
the proceeds of new debt. One result will be the I am requesting time to speak to the city
restructuring of the principal and interest council about a possible safety problem with a city street. I
payments on the debt which is expected to have contacted my councilman (who has been trying to;
result in a reduction in the annual debt service help, the Mayor's Office, the County Executives Office, and
and total debt service. The debt service savings Senator Hoyt's Office in reference to this issue. I have
will be applied toward capital improvements to asked the city sewer department four times to prove that I
the System and to provide some relief towards am wrong about water running into their main sewer line
future increases in water rates. The Authority where something is protruding through it with water running
has applied for subsidized financing (at around it. The sewer camera crew and myself found this a
belowmarket interest rates) from EFC in order to year ago then. The crew didn't report this, but did make a
finance the acquisition. The availability of EFC video of it for me, Since then, I have lost this tape so I have,
financing will reduce the annual debt service no proof that it is running into there without their help prove
costs. The restructuring of the existing debt in or even disprove it. Today, I spoke again to the sewer
the manner envisioned by the Authority can be department and explain to them as I did to my councilman's
achieved only through an acquisition of the office that this would be the cheapest route to prove or
System. disprove it, since the water has not come to the top of the
• The Authority expects to invest approximately ground. The sewer department today completely refused my
$15 million annually in capital improvements to request and said they would not send out their crew to prove
the System. This level of improvements will or disprove it. The reason for that is it has a way to exit
create construction jobs in the City. through this opening in the main sewer line here on
• The Authority's financial condition is strong and Massachusetts Avenue specifically 347 Massachusetts
it has the ability to borrow money less Avenue. I would like to know what if anything the council will
expensively than the BNIWFA. With an do about this problem, before possible a sink hole appears
appropriate structuring of an acquisition, the when a fire truck, police car, or even a innocent person in a
Authority should be able to finance future capital
car falls thru this street. Is not human life worth ten to fifteen we enter this phase of our expansion. Enjoy a blessed,
minutes of the sewer departments time? healthy, Buffalo summer!
REFERRED TO THE COMMITTEE ON LEGISLATION. REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF ASSESSMENT.
NO. 79
PROPOSED NO. 81
MINUTES MBE/WBE COMMITMENTS
REGULAR MEETING OF THE Please file the enclosed item with the Common Council for
BUFFALO AND ERIE COUNTY PUBLIC LIBRARY BOARD review and deliberation at the next meeting scheduled on
OF TRUSTEES July 20, 2004 at 2pm.
JUNE 17,2004 Should you have any questions, please feel free to contact
The regular monthly meeting of the Board of Trustees of the me directly at (716) 851-5145.
Buffalo and Erie County Public Library was held on Document on file in Clerk’s Office.
Thursday, June 17, 2004, in the Central Library pursuant to REFERRED TO THE COMMITTEE ON LEGISLATION AND
due notice to trustees. The following members were THE CORPORATION COUNCIL.
present:
REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 82
FORESTRY CONCERNS
NO. 80 Please file the enclosed item with the Common Council for
WOMEN FOR HUMAN RIGHTS AND DIGNITY, INC. review and deliberation at our next meeting on July 20, 2004
Please file the enclosed item with the Common Council for at 2pm.
review and deliberation at our next meeting on July 20, 2004 Should you have any questions, please feel free to contact
at 2pm. my office at (716) 851-5145.
Should you have any questions, please feel free to contact Due to the consolidation of the City of Buffalo Parks
my office at (716) 851-5145. Department with the County of Erie, please send all Forestry
Re: Property Tax Redemption on 132 and 139 Mohican St. related calls for tree inspection, trimming, removal, or
When Women For Human Rights and Dignity, Inc. was planting to the Citizen's Complaint Line: 851 - 4890.
chosen from among two thousand applicants, nation-wide, Forestry will respond to all complaints through that system.
for the Alexis deTocqueville National United Way of America There may be a delayed response as we work together
Award, our mission to move women, children, and families through this period of transition.
forward in economic, emotional, and social growth was If there is an emergency situation that needs immediate
swiftly reaffirmed: it plunged us forward into the resulting attention, please call Forestry at 884 -9663.
reality of "Dignity Village," supportive Housing Program for Thank you for your help in this matter.
women with children-all deemed homeless under the RECEIVED AND FILED.
McKinney-Vento Homeless Assistance Act-supportive
housing for our most marginalized families. One year later NO. 83
having achieved 30% attending college, 80% gainfully WESTMINISTER COMMUNITY SCHOOL
employed, and 100% in (or approaching) permanent, safe, Please file the enclosed item with the Common Council for
affordable housing, and as tax-paying citizens. Sadly also, review and deliberation at our next meeting on July 20, 2004
one year later, dozens of families await our help-a list that at 2pm.
grows each week! All of this is Dignity Village-A magnificent Should you have any questions, please feel free to contact
symbol of the impact of supportive housing on family my office at (716) 851-5145.
restabilization, neighborhood revitalization, and the power of Legal representation of Charter Schools by the City of
collective action. Buffalo
For the continuity and desperately needed extension of It has come to our attention that the City of Buffalo has
Dignity Village, we request your support in securing agreed to provide legal representation to Westminster
redemption of the taxes as outlined in the attached letter Community School (#68), when it becomes a charter school,
from Attorney Jack Danziger, estimating the tax bill to be as it does for the City of Buffalo and the Buffalo Public
approximately $17,000 (132 and 139 Mohican). Schools. Both the Buffalo School District personnel and
As community leaders, we all recognize this unequivocal papers provided to teachers at Westminster indicate same
truth: tax redemption and land acquisition are a paltry sum (see enclosed).
(almost too embarrassing to mention in the context of this With the serious budgetary problem facing the City of
discussion) when redeemed even one hundred times over!! Buffalo, please advise me of :
Buffalo's image continues to be plagued by blight, what statutory/charter authority allows for the use of
abandoned, hazardous, beyond repair structures that taxpayer monies for this purpose and
continually do damage to morale, to the cost of displaced how you then prevent what will be IO or I I other charter
families, both to taxpayers and the citizenry, and to schools from receiving the same representation?
government. Thus, for the continuity of a mission that we all With all the cutbacks, which I assume includes the
share, we request your urgent and expeditious assistance in Corporation Counsel's office, it is surprising that the City will
securing redemption of these taxes for the purpose of be providing free legal representation to non-city entities.
WHRD acquisition (donor recipient) and development, as REFERRED TO THE COMMITTEE ON EDUCATION
outlined in the letter from Attorney Danziger ( See AND THE CORPORATION COUNSEL.
Attachment). These two properties, far beyond repair, will
make possible the addition of another notch carved into the PETITIONS
elimination of homelessness, blight, and family instability.
Our current Housing Court Judge, The Honorable Henry NO. 84
Nowak, will be pleased to confer with you on the absolutely C. HOLMES, AGENT, USE 290 GLENWOOD-GROUND
critical necessity of your support of this request. We hope SIGN (MASTEN)
that we can count on you to act as speedily as possible as (NAME OF AGENT, OWNER) (ADDRESS) -
(PROJECT)
(PHONE #892-1810) (BRIAN C. DAVIS, CHAIRMAN)
The attached is for Common Council approval; but per NO. 90
Permits, no public hearing is required. 2004-B&C BOND SALE-COB/BD. OF ED. (COMPT.)
Mr. Coppola moved: (CCP#8-6/22)
The Common Council of the City of Buffalo hereby approves That the above item be and the same hereby is received
the use of 290 Glenwood to place a ground sign 7’6” high and filed.
and 8’ wide contingent upon City Planning Board approval ADOPTED
and Law Department Review.
PASSED NO. 91
AYES-9. NOES-0. ANNUAL AUDIT PLAN (COMPT)
(CCP# 16-9/2)
NO. 85 That the above item be and the same hereby is received
T. HALL & O and filed.
REQ. ALT. PKG.-WRIGHT AVENUE ADOPTED
In order to better facilitate street cleaning and snow removal,
we the undersigned request that alternate parking be NO. 92
instituted on Wright Avenue, in the city of Buffalo. AUDIT REPORT-BFLO. CITY COMPTROLLER ON BFLO.
REFERRED TO THE COMMITTEE ON LEGISLATION, SCH. DISTRICT (COMPT)
AND COMMISSIONER OF PUBLIC WORKS, PARKS AND (CCP# 10-7/6)
STREETS. That the above item be and the same hereby is received
and filed.
REGULAR COMMITTEES ADOPTED
CIVIL SERVICE NO. 93
(BONNIE E. RUSSELL, CHAIRPERSON) B. DAVIS-F. BELLIOTTI-AUDIT REPLY REQ. STRAT.
PLAN.
NO. 86 (CCP#45-6/8)
APPT. - INVESTMENT & DEBT MGMT. OFFICER (MAX) That the above item be and the same hereby is received
(COMPT) and filed.
(CCP# 12-7/6) ADOPTED
That CCP# 12-7/6 hereby is received and filed and the
exempt appointment of Richard F. Calipari to the position of NO. 94
Investment and Debt Management Officer at the maximum CONTRACT PERSONNEL AUDIT-NO REPLY TO AUDIT
starting salary of $73,208 effective 7/6/04 is approved. OR COMMON COUNCIL (COMPT)
PASSED (CCP# 10-6/22)
AYES-9. NOES-0. That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 87
APPT. - DRUG ABUSE NURSE RN (TEMP) (MAX) (COMM. NO. 95
SVS.) PROFESSIONAL SERVICES CONTRACT - RISK
(CCP#35-7/6) MANAGEMENT CONSULTING SERVICES
That CCP#35-7/6 hereby is received and filed and the (ITEM NO. 36, C.C.P., JULY 6, 2004)
temporary appointment of Nicole Blair to the position of Drug That the Commissioner of Human Resources, be, and he
Abuse Nurse RN at the maximum starting salary of $32,795 hereby is authorized to award a contract for Risk
effective 7/6/04 is approved. Management Consulting Services, to Cox & Aldrich, Inc., the
PASSED lowest responsible bidder, in the capped agreement amount
AYES - 9 NOES - 0 of $48,000 for fiscal year 2004-05. Funds for the services
are available in 25-1053-12553006-432004 ($115,000 for
NO. 88 technical services to include Health Insurance Consultant
APPT. - DATA CONTROL CLERK (MAX) (C. CLK.) and EAP Program).
(CCP#40-7/6) PASSED
That CCP#40-7/6 hereby is received and filed and the AYES - 9 NOES - 0
permanent appointment of Wendy Nobile to the position of
Data Control Clerk at the maximum starting salary of NO. 96
$31,153 effective 6/21/04 is approved. ADDL. INFO. ON FEDERAL FINANCIAL ASSISTANCE
PASSED (COMPT.)
AYES - 9 NOES – 0 (CCP#74/27)
That the above item be and the same hereby is received
NO. 89 and filed.
APPT. - LABORER 11 (MAX) (C. CLK.) ADOPTED
(CCP#41-7/6)
That CCP#41-7/6 hereby is received and filed and the NO. 97
permanent appointment of Julia Paul to the position of UNCOLLECTIBLE INVOICES-MUNIS (PW)
Laborer 11 at the maximum starting salary of $27,939.68 (CCP#35-3/16)
effective 6/21/04 is approved. That the above item be and the same hereby is received
PASSED and filed.
AYES - 9 NOES - 0 ADOPTED
FINANCE NO. 98
DELINQUENT ECIDA/CITY PILOT AGREEMENTS That the above item be and the same hereby is received and
(ASSESS/TAX) filed.
(CCP# 14-6/8) ADOPTED
That the above item be and the same hereby is received NO. 108
and filed. DRUG ASSET FORFEITURE-CHECKS REC. ($3 0,3 5 8.0
ADOPTED 1)(POL)
(CCP#32-5/1 1)
NO. 99 That the above item be and the same hereby is received
DELINQUENT PILOT AGREEMENTS (A&F) and filed.
(CCP#37-6/22) ADOPTED
That the above item be and the same hereby is received
and filed. NO. 109
ADOPTED INFO-DRUG ASSET FORFEITURE ACCOUNT-TRAINING
REQUESTS-2003 & 2004 (POL.)
NO. 100 (CCP#33-5/1 1)
BFLO. CIV. AUTO RAMPS, INC.-ANN. FIN. RPT.-That the above item be and the same hereby is received and
6/30/03-LUMSDEN & MCCORMICK, LLP (COMPT) filed.
(CCP#20-3/30) ADOPTED
That the above item be and the same hereby is received
and filed. NO. 110
ADOPTED LEASING OF SPACE IN CITY HALL AND OTHER CITY-
OWNED BUILDINGS
NO. 101 (ITEM NO. 68, C.C.P., JAN. 6, 2004)
BFLO. CIV. AUTO RAMPS, INC.-AUDIT (COMPT) That the Corporation Counsel and the Division of Real
(CCP#21-3/30) Estate complete the RFP process with the goal of having a
That the above item be and the same hereby is received plan in place to take advantage of the empty and
and filed. underutilized space within City Hall and in other city-owned
ADOPTED buildings; and
That the Mayor's Office, Department of Administration and
NO. 102 Finance,
J. ALFORD-BFLO. CIVIC AUTO RAMPS-COMMENTS ON Comptroller's Office, The Budget Office, the Corporation
AUDIT Counsel, and Division of Real Estate review this resolution
(CCP#51-4/13) and send their comments and recommendations as to the
That the above item be and the same hereby is received and feasibility of this proposal.
filed. ADOPTED.
ADOPTED
NO. 111
NO. 103 LEASING OF SPACE IN CITY HALL & OTHER CITY-
CONSULTANT AGREE. BETW. BD. OF PKG. & OWNED BLDGS. (COMPT.)
THOMAS A. GALLAGHER (PKG. BD.) (CCP#7-2/3)
(CCP#5-6/22) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
NO. 112
NO. 104 LEASING SPACE IN CITY HALL (PW)
B. DAVIS-DOWNTOWN PKG. RAMP-PRO-PARK, LLC (CCP#21-3/2)
(CCP#45-6/22) That the above item be and the same hereby is received
That the above item be and the same hereby is received and and filed.
filed. ADOPTED
ADOPTED
NO. 113
NO. 105 DISPOSITION OF GARBAGE TOTES
P. HOTUNG-SALE OF MAIN PLACE PARKING RAMP (CCP# 110-6/22)
(CCP#48-6/22) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED NO. 114
B. DAVIS-L. SCONIERS-TOWNE GAFDENS LTD.-SERV.
NO. 106 AT 225 HICKORY -
SALE OF MAIN PLACE PKG. RAMP DISP. WATER/SEWER CHARGES (#72,2/17) (#59,9/30)
(CCP# 107-6/22) (CCP#56-4/27)
That the above item be and the same hereby is received and That the above item be and the same hereby is received and
filed. filed.
ADOPTED ADOPTED
NO. 107 NO. 115
COB-POLICE DEPT.-RESPONSE-DRUG ASSET TOWNE GARDENS LTD.-DISPUTE WATER/SEWER
FORFEITURE ACCOUNT CHARGES (PW) (#73,2/17)(#38,10/14)
(CCP#214/27) (CCP#57-4/27)
That the above item be and the same hereby is received and H. TAYLOR-FRUIT BELT/MED. CORRIDOR-TAX
filed. INCREMENT FIN. DIST.
ADOPTED (#127,3/18) (#24,3/19) (ASSESS/TAX)
(CCP#121-3/30)
NO. 116 That the above item be and the same hereby is received and
EMERG. MED. SVS. IN COB filed.
(CCP#158-3/30) ADOPTED
That the above item be and the same hereby is received and
filed. LEGISLATION
ADOPTED (RICHARD A. FONTANA, CHAIRMAN)
NO. 125
NO. 117 B. RUFFINO, PETITION TO USE 196 ALLEN A/K/A 82
EMERG. MED. SVS. IN COB (FIRE) ELMWOOD TATTOO PARLOR W/CHANGE OF USE
(CCP#38-4/13) (ITEM NO. 62, C.C.P., JULY 6, 2004)
That the above item be and the same hereby is received and That after the public hearing before the Committee on
filed. Legislation on July 13, 2004, the petition of B. Ruffino, agent,
ADOPTED for permission to use 196 Allen a/k/a 82 Elmwood for a
tattoo parlor with change of use be, and hereby is approved.
NO. 118 PASSED
EVALUATE SUCCESS OF CITY'S 2003 VACANT LOT AYES - 9 NOES - 0
MAINTLMOWING PLAN
(CCP# 1 544/13) NO. 126
That the above item be and the same hereby is received and D. MIKA, PETITION TO USE 690 KENMORE AVENUE
filed. FOR AN ILLUMINATED POLE SIGN, ETC.
ADOPTED (ITEM NO. 63, C.C.P., JULY 6, 2004)
That after the public hearing before the Committee on
NO. 119 Legislation on July 13, 2004, the petition of D. Mika, agent,
R. MELLER-OFC. OF STATE COMPTROLLER-for permission to use 690 Kenmore Avenue for an
FINDINGS-CITY PURCHASE OF GAS FROM ST. CONTR- illuminated pole sign "ID" with a digital reader board, four
(CCP#51-2/17) ground signs, two wall signs and two logos be, and hereby is
That the above item be and the same hereby is received and approved.
filed. PASSED
ADOPTED AYES - 9 NOES - 0
NO. 120 NO. 127
RESP-R. MELLER-OFC. OF STATE COMPTROLLER-OLYMPIC AVENUE TRAILBLAZER SIGNS "EDWARD
FINDINGS-CITY PURCHASE OF GAS FROM STATE SAUNDERS, JR. WAY"
CONTRACTS (A&F) (ITEM NO. 112, C. C.P., JULY 6, 2004)
(CCP#39-3/2) That the Commissioner of Public Works, Parks & Streets be,
That the above item be and the same hereby is received and and he hereby is authorized to install trailblazing signs
filed. beneath the existing street signs that read "Edward
ADOPTED Saunders, Jr. Way" on Olympic Avenue between Kensington
Avenue and Decker Street.
NO. 121 PASSED
TAX INCREMENT FINANCE DIST. (433,2/17)(A&F) AYES - 9 NOES - 0
(CCP#116-3/30)
That the above item be and the same hereby is received and NO. 128
filed. APPOINTMENT MEMBER TO THE BUFFALO
ADOPTED ENVIRONMENTAL MANAGEMENT COMMISSION (ITEM
NO. 1, C.C.P., JUNE 22, 2004)
NO. 122 That the appointment of Kevin M. Matheis be, and hereby is
H. TAYLOR-FRUIT BELT/MED. CORRIDOR-TAX received and filed.
INCREMENT FIN. DIST. Adopted
(#I 1, 1/6) (PW)
(CCP# 119-3/30) NO. 129
That the above item be and the same hereby is received and REVIEW NOMINEE FOR APPT.-BFLO. ENV. MGMT.
filed. COMM. (LAW)
ADOPTED (CCP#32-7/6)
That the above item be and the same hereby is received and
NO. 123 filed.
H. TAYLOR-FRUIT BELT/MED. CORRIDOR-TAX ADOPTED
INCREMENT FIN. DIST.
(#13,1/20) (ASSESS/TAX) NO. 130
(CCP#120-3/30) PARKING ENFORCEMENT ON HOLIDAYS (EXC. I ST
That the above item be and the same hereby is received and RES)
filed. (CCP#96-2/17)
ADOPTED That the above item be and the same hereby is received and
filed.
NO. 124 ADOPTED
NO. 131 That the above item be and the same hereby is received and
PARKING ENFORCEMENT ON HOLIDAYS (PW) filed.
(CCP#22-3/2) ADOPTED
That the above item be and the same hereby is received and
filed. NO. 140
ADOPTED BUS SHELTERS (2), INSTALLATION OF
(ITEM NO. 20, C. C.P., MAY 29, 2004)
NO. 132 That the Commissioner of Public Works, Parks and Streets
PARKING ENFORCEMENT ON HOLIDAYS (A&F) be, and he hereby is authorized to issue a "mere license" to
(CCP#37-3/2) Niagara Frontier Transportation Authority, for locations at
That the above item be and the same hereby is received and West Utica at Elmwood; south side of street approximately
filed. 50' west of Elmwood Avenue and Fillmore Avenue at East
ADOPTED Ferry Street, northwest comer, to install bus shelters, which
would encroach city right-of-way at said addresses, subject
NO. 133 to the following conditions:
PARKING ENFORCEMENT ON HOLIDAYS (A&F) 1 . That the applicant obtains any and all other City of
(CCP#38-6/22) Buffalo permits necessary for said installation.
That the above item be and the same hereby is received and 2. That the bus shelters be installed exactly as shown on
filed. plans submitted to and approved by the Department of
ADOPTED Permit and Inspection Services.
3. That the applicant be responsible for maintaining the bus
NO. 134 shelters as long as they remain within City right-of-way.
ORDINANCE AMENDMENT - CHAPTER 78 - ANIMALS 4. That the applicant supply the City of Buffalo with a five
(ITEM NO. 108, C.C.P., JULY 6, 2004) thousand dollar ($5,000.00) construction in street bond or
That after the public hearing before the Committee on certificate of insurance which will indemnify and save
Legislation on July 13, 2004, the Ordinance Amendment as harmless the City of Buffalo against any and all loss or
contained in Item No. 108, C.C.P., July 6, 2004, be and the damage arising out of the construction, maintenance, use
same hereby is approved. and removal of said bus shelters.
PASSED PASSED
AYES - 9 NOES - 0 AYES - 9 NOES - 0
NO. 141
NO. 135 J. COLEMAN-ANNUAL RPT. FOR COB ENDING 2003
ORD. AMEND.-CHAPTER 175-FEES (CCP#48-7/6)
(CCP#127-JUNE 8, 04) That the above item be and the same hereby is received
That the above item be and the same hereby is received and and filed.
filed. ADOPTED
ADOPTED NO. 142
J. GRIFFIN-D. & C. RIVERS-SEVERE PKG. PROBLEMS
NO. 136 ON LORRAINE AVE.
RDINANCE AMENDMENT - CHAPTER 175 - FEES (CCP #47-5/1 1)
(DOGS) That the above item be and the same hereby is received and
(ITEM NO. 107, C.C.P., JULY 6, 2004) filed.
That after the public hearing before the Committee on ADOPTED
Legislation on July 13, 2004, the Ordinance Amendment as
contained in Item No. 107, C.C.P., July 6, 2004, be and the COMMUNITY DEVELOPMENT
same hereby is approved. (JOSEPH GOLOMBEK JR., CHAIRMAN)
PASSED NO. 143
AYES - 9 NOES - 0 LDA-SALE OF 1435 HERTEL AVENUE
(#100-7/6/04) (HRG. 7/20)
NO. 137 Mr. Golombek moved:
ORDINANCE AMENDMENT - CHAPTER 495 - WHARVES, That the above item be returned to the Common Council
HARBORS AND BRIDGES without recommendation.
(ITEM NO. 106, C.C.P., JULY 6, 2004) Joseph Golombek Jr., Community Development Committee
That after the public hearing before the Committee on A public hearing has been set, before the Common Council,
Legislation on July 13, 2004, the Ordinance Amendment as at this regularly scheduled meeting, on the above item, and
contained in Item No. 106, C.C.P., July 6, 2004, be and the a Notice of Same has been published in the Buffalo News, a
same hereby is approved. copy of which is attached
PASSED the item is properly before the Common
AYES - 9 NOES - 0 hereto.
On a motion by Mr. Coppola, seconded by Mr. Fontana
NO. 138 Council, and the hearing is opened
REQ. CHANGE IN ORDINANCES-TUGBOATS CARRIED.
(CCP#27-6/22) Appearances – Maria scinta, Nick Kotride
That the above item be and the same hereby is received and Mr. Coppola now moved that the hearing be closed.
filed. Seconded by Mr. Fontana
ADOPTED CARRIED
NO. 139 Mr. Coppola Moved:
CITY'S NOISE ORDINANCE (A&F) That Nick Kotrides and/or other legal entity to be formed was
(CCP#34-7/6) duly designated as qualified and eligible Redeveloper by the
Buffalo Urban Renewal Agency, is hereby approved as the MINORITY BUSINESS ENTERPRISE COMMITTEE
Redeveloper for 1435 Hertel Avenue; and (ANTOINE M. THOMPSON, CHAIRMAN)
That the Mayor, the Chairman, Vice-Chairman, or any officer NO. 149
of the Buffalo Urban Renewal Agency is hereby authorized A. THOMPSON-SUMM. OF ART. 15-A OF EXEC. LAW-
to execute any and all deeds or other documents necessary DIV. OF MIN./WOM./BUS. DEV. (A&F)
to convey land described in the proposed "Land Disposition (CCP#30-2/17)
Agreement" to Nick Kotrides and/or other legal entity to be That the above item be and the same hereby is received
formed in accordance with the terms of said Agreement and and filed.
for the consideration recited therein. ADOPTED
PASSED
AYES - 9 NOES - 0 NO. 150
AUGSPURGER RAMP EXPANSION (PKG. BD)
NO. 144 (CCP#5-3/16)
LAND DISPOSITION AGREEMENT - 1435 HERTEL That the above item be and the same hereby is received and
AVENUE (STRAT. PLAN.) filed.
(ITEM NO. 7, C.C.P., JULY 6, 2004) ADOPTED
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO. 151
Mr. Golombek Moved: E. JOHNSON-CIMINELLI-BEVLAR & ASSOCIATES, INC.-
That the above-mentioned item be and the same is hereby JSCB MONITORING RPT-APRIL 2004
received and filed. (CCP#49-6/22)
Adopted. That the above item be and the same hereby is received and
filed.
NO. 145 ADOPTED
VAR. CORRESPONDENCE RE: BELLE CENTER CUTS
IN FUNDING (COMM. SVS.) BUDGET COMMITTEE
(CCP#39-6/22) (DOMINIC J. BONIFACIO JR., CHAIRMAN)
That the above item be and the same hereby is received and NO. 152
filed. BUDGET HEARING & MTG. SCHEDULE-5/3-5/7/04 (CP)
ADOPTED (CCP#9-4/27)
That the above item be and the same hereby is received and
NO. 146 filed.
RESULT OF NEGOTIATIONS - 336 EMSLIE STREET, 592 ADOPTED
& 596 WILLIAM STREET NO. 153
(ITEM NO. 14, C.C.P., MAR. 30, 2004) M. COPPOLA-REQ. FOR LEGAL OPINION-MAYOR'S
(ITEM NO. 95, C.C.P., JUNE 22, 2004) BUDGET/COUNCIL'S ACTIONS
That the above item be, and the same hereby is returned to (CCP#40-4/27)
the Common Council without recommendation. That the above item be and the same hereby is received and
Mr. Thompson moved that the above item be recommitted to filed.
the Minority ADOPTED
Business Enterprise Special Committee. NO. 154
ADOPTED. FINANCIAL PLAN-FOUR YEAR (MAYOR)
(CCP# 1-9/2)
NO. 147 That the above item be and the same hereby is received and
TRANSFER OF TITLE, URBAN HOMESTEAD - 323 & 327 filed.
JEFFERSON (ITEM NO. 8, C.C.P., JUNE 8, 2004) ADOPTED
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO. 155
Mr. Golombek moved: BFSA-RESOLUTION NO. 4-LEGISLATIVE AMENDMENTS
That the city-owned property commonly known as 323 & 327 (CCP#48-3/2)
Jefferson, is hereby designated as Homestead Property, and That the above item be and the same hereby is received and
that the Mayor be, and he hereby is authorized to execute a filed.
deed transferring said property to Ms. Wendy Hall, in the ADOPTED
amount of $1.00 (One Dollar), and the following conditions: NO. 156
I . The specified structure be erected on the premises within BFSA-LEGISLATIVE AMENDMENTS (LAW)
twelve (12) months. (CCP#394/13)
2. The structure be occupied by the purchaser mentioned for That the above item be and the same hereby is received and
a period of not less than thirty-six (36) months. filed.
PASSED ADOPTED
AYES - 9 NOES - 0
NO. 157
NO. 148 MAYOR'S BUDGET PROPOSAL (COMPT)
B. CAMPBELL-PEACE BRIDGE EXP. PROJ.-(CCP#23-5/25)
TELEPHONE POLLING RESULTS That the above item be and the same hereby is received and
(CCP#44-6/8) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 158
LEGAL ISSUES RE: BFSA BORROWING (COMPT)
SPECIAL COMMITTEES (CCP#22-3/16)
That the above item be and the same hereby is received and (CCP#72-9/16)
filed. That the above item be and the same hereby is received and
ADOPTED filed.
NO. 159 ADOPTED
D. MCPHERSON-BFSA-INFO.-RESOLUTION 04-23
(CCP#64-3/16) NO. 169
That the above item be and the same hereby is received and UPDATE FROM BFLO. FIRE DEPT. RE:
filed. RESTRUCTURING
ADOPTED (CCP#95-2/17)
NO. 160 That the above item be and the same hereby is received and
D. MCPHERSON-BFSA-COMMENTS-J. JOHNSON-COST filed.
COMPARISONS ADOPTED
(CCP#63-3/16)
That the above item be and the same hereby is received and NO. 170
filed. UPDATE FROM BFLO. FIRE DEPT. RE:
ADOPTED RESTRUCTURING (FIRE)
(CCP#38-3/16)
NO. 161 That the above item be and the same hereby is received and
AFSCME COUNCIL 35-FISCAL RECOM. FOR THE COB filed.
(CCP#72-9/2) ADOPTED
That the above item be and the same hereby is received and
filed. NO. 171
ADOPTED J. GOLOMBEK-R. NIEMIEC-GRANT AMHERST BUS.
NO. 162 ASSN.-CONCEMS-
BUFFALO BD. OF ED.-STATE AID/GRANT CASH MGMT. PROP. FIRE FACILITY-HERTEL/ELMWOOD
(#19,3/16)(COMPT.) (CCP#644/13)
(CCP#91-4/27) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
NO. 163 NO. 172
REQ. FOR INFO. FROM POLICE DEPT. ON UNSOLVED J. MILROY-ACTIONS-BFLO. WATER BD.-CITY
HOMICIDES IN COB (#34,5/1 1) (POL) TAKEOVER OF
(CCP#93-6/8) WATER SYSTEM (CP)
That the above item be and the same hereby is referred to (CCP# 16-3/18)
the Committee on Finance. That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
NO. 164
EST. OF A COLD CASE SQUAD (EXC. 2 ND RES.) NO. 173
(CCP# 117-4/27) R. MENDEZ-ERIE CO. WATER AUTH.-WATER SERVICES
That the above item be and the same hereby is referred to (CCP#62-3/4)
the Committee on Finance . That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
NO. 165 NO. 174
EST. OF A COLD CASE SQUAD (POL.) EXPL. OPPORT.-EXPAND SVS. AREA OF COB
(CCP#38-5/25) WATER/SEWER SVS.
That the above item be and the same hereby is referred to (CCP#119-9/2)
the Committee on Finance . That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
NO. 166 NO. 175
POLICE PAYROLL REVIEW (POL.) THIRD QUARTERLY RPT.-DIV. OF SUBSTANCE ABUSE
(CCP#20-4/13) SERVICES (COMM. SVS.)
That the above item be and the same hereby is received and (CCP#38-5/1 1)
filed. That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
NO. 167
RESPONSE-DRUG ASSET FORFEITURE FUNDS NO. 176
(#37,3/16) (POL) SHARING THE ADDL. ONE PERCENT SALES TAX
(CCP#85-4/13) (CCP# 1 80-4/16)
That the above item be and the same hereby is received and That the above item be and the same hereby is received and
filed. filed.
ADOPTED ADOPTED
NO. 168 NO. 177
R. LOTEMPIO-MMA CONSULTING GROUP-DRAFT ORG. M. SCHROEDER-FUND INEQUITIES-SALES TAX
ASSESS.-FIRE DEPT. FORMULA
(CCP#60-12/1 0) ADOPTED
That the above item be and the same hereby is received and
filed. NO. 187
ADOPTED ENF. OF ILLEGAL DUMPING ORDINANCE
NO. 178 (#36,5/25)(POL)
CIT. OF ERIE CO. TO SHARE THE PENNY-"SALES TAX (CCP#80-6/8)
IS A REGIONAL REVENUE" That the above item be and the same hereby is received and
(CCP#58-10/28) filed.
That the above item be and the same hereby is received and ADOPTED
filed. NO. 188
ADOPTED ENF OF ILLEGAL DUMPING ORDINANCE (POL)
NO. 179 (CCP#32-6/22)
B. DAVIS-S. HOYT & O-REQ. CO. EXEC. SHARE That the above item be and the same hereby is received and
MEDICAID RELIEF W/COB filed.
(CCP#62-10/28) ADOPTED
That the above item be and the same hereby is received and NO. 189
filed. DOG & ANIMAL CONTROL & PROTECTION REFORMS
ADOPTED (#39,3/16) (LAW)
(CCP#86-6/8)
NO. 180 That the above item be and the same hereby is received and
REQ. CO. EXEC. GIAMBRA, TO SHARE MEDICAID filed.
RELIEF W/COB ADOPTED
(CCP# 141-10/14)
That the above item be and the same hereby is received and NO. 190
filed. DOG & ANIMAL CONTROL & PROTECTION REFORM-
ADOPTED PLAN (#29,4/27) (C. CLK.)
NO. 181 (CCP#88-6/8)
M. COPPOLA-TIME ARTICLE-"WHY YOUR DRUGS COST That the above item be and the same hereby is received and
SO MUCH" filed.
(CCP#57-4/13) ADOPTED
That the above item be and the same hereby is received and
filed. NO. 191
ADOPTED DOG & ANIMAL CONTROL & PROTECTION REFORMS
NO. 182 (#29,3/30) (PW)
REQ. FOR PROPOSALS FOR HEALTH CARE PLAN-ALL (CCP#89-6/8)
CITY EMPLOYEES (EXC. 1,2,3 RES.) That the above item be and the same hereby is received and
(CCP#133-4/13) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 192
NO. 183 K. MCCARTNEY-ANIMAL SHELTER-RESPONSE-DOG &
D. NORMAN-UNIV. DRUG STORE-INFO.-OBT. PRES. ANIMAL CONTROL PROT. REFORMS (#46,4/27)
DRUG NEEDS FROM CANADA (#45,2/3) (CCP#90-6/8)
(CCP#874/13) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
NO. 193
NO. 184 REPORT OF LEGAL BEAGLE DOG LICENSING DRIVE
M. COPPOLA-FDA, WISCONSIN-SPAR OVER WEB SITE- (C. CLK.)
PURCHASE OF PRES. DRUGS FROM CANADA (CCP438-7/6)
(#54,3/30) That the above item be and the same hereby is received and
(CCP#88-4/13) filed.
That the above item be and the same hereby is received and A,DOPTED
filed.
ADOPTED NO. 194
RISK MGMT. SERVICES-RFP (HR)
NO. 185 (CCP#45-4/13)
M. COPPOLA-B. SANDERS-"MEDICARE NOMINEE That the above item be and the same hereby is received and
BACKS DRUG IMPORTS" (#55,3/16) filed.
(CCP#90-4/13) ADOPTED
That the above item be and the same hereby is received and
filed. NO. 195
ADOPTED REQ. BMHA DISC. ELIRN. COB CONTR. OBLIG.-SUP.
OPER.-F. DOUGLASS TOWERS (BMHA)
NO. 186 (CCP#37-7/6)
MEDICAL INSURANCE SAVINGS (#146,5/16) That the above item be and the same hereby is received and
(CCP#92-4/13) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
RESOLUTIONS NO. 197
NO. 196 SPONSOR: MR. COPPOLA
BY: MR. COPPOLA CO-SPONSOR: MR. BONIFACIO, MR. DAVIS
CITY OF BUFFALO ANIMAL ADOPTION PROGRAM AND SENIOR CITIZEN
LOCAL LAW NO 12 (2004) SERVICES
INTRODUCTORY N112004) Whereas: During the 2004-05 Budget deliberation the
A LOCAL LAW amending the Charter of the City of Common Council and the administration worked together to
Buffalo in relation to the salary of the chairman of education retain the services for both Senior Citizen Services and the
committee City's Animal Adoption Program; and
BE IT ENACTED BY THE COMMON COUNCIL OF THE Whereas: Through those discussions it became painfully
CITY OF BUFFALO AS FOLLOWS: apparent that both of these services will be in jeopardy of
Section 1. That Article 24-12 of the Charter of the City of being cut from the city's budget or diminished to the extent
Buffalo, adopted pursuant to law, is hereby amended as that poor services would be provided, which, in fact, would
follows: be a disservice to many; and
§ 24-12. Salaries of Elective Officers. Whereas: Both the Common Council and the administration
A mayor elected under this act shall receive an annual salary support these services and are committed to do their very
of one hundred and five thousand dollars. The comptroller best to make sure that they are provided in the City of
shall receive an annual salary of eighty-eight thousand four Buffalo for their respective constituencies far into the future;
hundred twelve dollars. Each council member shall receive and
an annual salary of fifty-two thousand dollars. Each of the Whereas: In order to retain these critical services both
aforementioned elective officials may choose to refuse any parties recognize that there must be another way to provide
increase in annual salary if, in his or her opinion, the fiscal them so that the city's financial situation does not put them in
times so warrant. Any such refusal must be in writing and jeopardy year after year, as well as, diminish them to the
directed to the comptroller and the commissioner of extent that they have lost their value to the public; and
administration and finance, and shall not affect the salary of Whereas: In order to accomplish the goals set forth in this
future office holders or of the same individual if elected to a resolution, the administration should establish a task force
different office. for each function and set a priority of establishing a more
The council president elected from the membership of the cost effective and responsible way of providing and
council shall receive, in addition to the salary above maintaining Senior Citizen Services and an Animal Adoption
provided, the annual sum of ten thousand dollars. The Program in the City of Buffalo.
council shall designate a majority leader and a minority Now therefore be it resolved that:
leader, each of whom shall serve at the pleasure of the The Buffalo Common Council does hereby request that the
council. Any council member serving as majority leader administration establish a task force for the purpose of
shall receive, in addition to the salary above provided, the analyzing the City's Animal Adoption Program; and
annual sum of five thousand dollars, and any council Be it further resolved that:
member serving as minority leader shall receive, in addition That the administration establishes a task force for the
to the salary above provided, the annual sum of twentyfive purposes of analyzing the City's Department of Senior
hundred dollars, said sums to be paid such majority leader Services and the City's Senior Citizen Centers; and
or minority leader, respectively, only while performing the Be it further resolved that:
additional duties. Any council member serving as and Each of the respective task forces be charged with
performing the additional duties of chairman of the following identifying the most cost effective and responsible way for
committees of the common council shall receive, in addition providing these services including identifying other sources
to the salary above provided, the annual sum of one of funding from the County, State, and Federal governments
thousand dollars: chairman of finance committee; chairman and partnering with nonprofit and citizen organizations; and
of legislation committee; chairman of civil service committee, Be it further resolved that:
chairman of community development committee, chairman Each respective task force includes one member of the
of education committee and chairman of claims committees Common Council to be appointed by the President of the
The failure of any council member or of the president of the Council; and
council to attend any stated meeting of the council provided Be it finally resolved that:
in this act or any meeting of the committee of the whole The Mayor or his designee files with the Common Council a
provided in the rules of the council, unless the council at response to this resolution not later than Thursday,
such meeting, by a two-thirds vote of all the members September 2, 2004.
elected thereto, excuse such failure to attend such meeting ADOPTED
for reasons to be stated in the resolution of the council, shall
result in a deduction equal to a one-fiftieth part of the salary NO. 198
of a council member for each such failure, and such SPONSOR: MR. COPPOLA, MR. GOLOMBEK, MR.
deduction shall be made in certifying the payroll. DAVIS, MR. FRANCZYK, MR. FONTANA, MR.
Section 2. Insofar as the provisions of this local law are THOMPSON, MR. BONIFACIO, MR. GRIFFIN, MS.
inconsistent with the provisions of any other local law or act, RUSSELL
the provisions of this local law shall be controlling. CALL FOR FANNIE MAE TO SELECT BUFFALO AS ONE
Section 3. This local law shall take effect immediately. OF ITS 30 COMMUNITIES INITIATIVE
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Whereas: Fannie Mae (FNM/NYSE), the nation's
Municipal Home Rule Law, that the immediate passage of largest source of financing for home mortgages, joined its
this Local law is necessary. lending partners to announce three major initiatives to tackle
APPROVED AS TO FORM America's toughest housing problems on January 27, 2004;
NOTE: Matter underlined is new. and
Matter in brackets is deleted Whereas: These initiatives include: 1) expanding
PASSED homeownership by helping 6 million families -- including 1.8
AYES - 9 NOES - 0 million minority families -- to become first time homeowners
over the next decade, 2) assisting families in keeping their
homes and protecting their housing investment, and 3) If it is necessary to purchase a Non-Energy Star rated
working to expand the supply of affordable housing where it product, the respective department or agency shall report
is needed most by making significant strategic investments; the reasons for, to include a comparison of the initial and
and operating cost differential during the useful life of the Energy
Whereas: Fannie Mae will commit considerable Star rated and non-rated products.
resources, expertise and vision to 30 selected communities, Be It Further Resolved:
with the most difficult housing challenges, that will have a That this item be sent to the Law Department to made into
profound positive impact on the community, its housing and an Ordinance Amendment; and
its citizens; and Be It Further Resolved:
Whereas: Fannie Mae's Western and Central New That this item be sent to the Common Council's committee
York Partnership Office has laid the ground work for further on Legislation for further consideration.
strategic investments by 1) leading an effort to keep and REFERRED TO THE COMMITTEE ON LEGISLATION
expand businesses and jobs through significant tax AND THE CORPORATION COUNSEL
incentives provided under the federal Renewal Community
program, 2) providing seed capital to study the feasibility of NO. 200
creating a public/private corporation to expedite downtown SPONSOR: MR. GOLOMBEK
housing and mixed use development, 3) investing in the first CO-SPONSOR: MR. COPPOLA AND MR. FRANCZYK,
reintroduction of market rate housing in the central business MR. DAVIS
district in over half a century, 4) supporting the efforts of NIAGARA FRONTIER TRANSPORTATION AUTHORITY
numerous housing non profit entities, and 5) creating several VS. CITY OF BUFFALO
Employee Assisted Housing programs; and Whereas: The NFTA has filed a lawsuit against the City of
Whereas: The City Office of Strategic Planning is Buffalo related to various property claims; and
directly involved in the Fannie Mae application to ensure the Whereas: Pursuant to the direction of the Common Council,
resources and the implementation are coordinated and the City of Buffalo filed a counter claim related to its legal
targeted with the planned development of neighborhoods in interest in the small boat harbor property; and
the context of the City Comprehensive Plan to provide Whereas: There are important issues related to the
unique opportunities for residential, commercial and mixed-development of the Buffalo waterfront; and
use development to be enjoyed by all persons of all Whereas: The fact that the City's waterfront land has
descriptions and stations of life; and lingered for many years as undeveloped and underutilized
Whereas: Resources announced in Fannie Mae's has been sited by many as one of the reasons for Buffalo's
American Dream Commitment 3.0 would help, expand lack of economic development over the years and more
homeownership, stabilize neighborhoods, revitalize the city importantly its declining tax base and population; and
and bring Buffalo's vision and comprehensive plans to Whereas: Recent actions by the NFTA's Proposed sale of
reality. the Small Boat Harbor and their requests for proposals for
Now, Therefore, Be It Resolved: development of the outer harbor have focused attention on
That this Common Council calls upon the Fannie Mae to the City's legal interest in the property; and
select Buffalo as one of its strategic investment cities and Whereas: NYS Assemblyman Brian Higgins has forwarded a
pledges its full cooperation, support and resources to a letter (attached) to the Mayor and the Common Council
partnership with Fannie Mae to revitalize Buffalo. outlining a proposal for future development of the outer
ADOPTED harbor which may serve to be beneficial to both parties at
this time.
NO. 199 Now Therefore Be It Resolved:
SPONSOR: MR. COPPOLA The Common Council does hereby support the start of
CO-SPONSOR: MR. BONIFACIO, MR. DAVIS, MR. negotiations in relation to the current lawsuit and any other
GRIFFIN outstanding claims between the NFTA and the City of
MANDATORY PURCHASING OF ENERGY STAR Buffalo; and
COMPLIANT EQUIPMENT FOR CITY OF BUFFALO Be it further resolved:
Whereas: Energy Star is a government-backed program That the Common Council authorizes the Corporation
helping businesses and individuals protect the environment Counsel to begin negotiations with the NFTA to resolve
through superior energy efficiency; and these outstanding issues;and
Whereas: Products that exceed federal energy efficiency Be it further resolved:
standards are awarded the Energy Star by the U.S. That the NFTA and the Corporation Counsel file a response
Environmental Protection Agency and the U.S. Department to this resolution with the City Clerk reporting any progress
of Energy; and and/or new developments no later than August 3, 2004.
Whereas: The use of energy-efficient products is beneficial ADOPTED
to the environment users can realize savings up to 50% off
of their yearly utility bills; and NO. 201
Whereas: Energy efficient products may have a higher initial By: Mr. Coppola
cost, but cost substantially less to operate during the useful ORDINANCE AMENDMENT
life of the product; and CHAPTER 263, LICENSES
Whereas: The City of Buffalo is currently trying to find ways The Common Council of the City of Buffalo does
to save money, and substantial savings would be realized by hereby ordain as follows:
the city as a result of purchasing energy star products. That the Code of the City of Buffalo be amended
Now Therefore Be It Resolved: to read as follows:
That all City departments and agencies are hereby required §263-12. Alarm Devices or Systems
to include a clause in all specifications and purchase orders F. On the date of installation and on each [annual]
requiring the purchase of products bearing the Energy Star biennial anniversary thereafter of the installation of each
label as awarded the Energy Star by the U.S. Environmental alarm system or device installed on or after September 1,
Protection Agency and the U.S. Department of Energy; and 1993, and on or after September 1, 1993, on the [annual]
Be It Further Resolved: biennial anniversary of installation of each alarm system or
device installed prior to September 1, 1993, each alarm-pay any excessive use fee within 90 days after the initial
monitoring business shall, on behalf of the City, conduct the billing, the excessive use fee shall be subject to collection by
registration of each such individual alarm system or device the Division of Collections or through private collection action
located within the City, which such alarm-monitoring should the City so desire.
business monitors either directly or by a third-party. Such It is hereby certified, pursuant to Section 3-19(a) of the
registration shall be accomplished by completing a [multiple Charter of the City of Buffalo, that the immediate passage of
counterpart] form supplied by the Commissioner of Permit the foregoing ordinance is necessary.
and Inspection Services which shall require such information APPROVED AS TO FORM
as shall be specified by the Commissioner of Police and Michael B. Risman
Commissioner of Fire. Such registration form shall include a Corporation Counsel
unique registration number for each system. Such NOTE: Matter in brackets is to be deleted, matter underlined
registration number shall be identified when the alarm-is new.
monitoring business or its agents or employees requests PASSED.
assistance by the City Police or Fire Departments by calling AYES-9. NOES-0.
91 1 or other public safety emergency response system as a
result of an alarm being set off. Upon completion of the NO. 202
registration form with respect to any alarm system or device, Sponsor: Mr. Coppola
the alarm-monitoring business shall transmit the appropriate Co-sponsor: Mr. Bonifacio
counterparts to the City agencies as shall be specified on the Subject: NYS Medicaid Relief Package
form, and one counterpart shall be delivered to the owner or Whereas: The New York State Legislature and the
operator of such alarm system or device and shall serve as Governor have stated that they intend to provide Medicaid
evidence of registration. The fee for such registration shall Relief for Counties in this year's budget; and
be as set forth in Chapter 175, Fees, and shall be payable in Whereas: To the extent that any Medicaid Relief Bill will
advance by the alarm-monitoring business upon acquisition provide much needed financial assistance to county
of the registration forms. Each such alarm-monitoring governments, the bill should include a sharing mechanism
business is herewith authorized to collect from each owner for local governments within each respective county; and
or operator of each duly registered alarm system or device Whereas: To the extent that the legislature and the governor
the amount equal to such registration fee for each such recognize that local governments (cities, towns, villages etc.)
system or device registered; provided, however, that in no are in much need of financial assistance and mandate relief
event shall any such owner or operator be charged, directly as well, any bill that is signed into law without a mandated
or indirectly, more than the actual amount of such fee. sharing mechanism would be unfair and irresponsible; and
G. Each failure to register or to comply with the Whereas: County Executives throughout the state have led
provisions of Subsection D hereof shall be a violation the charge for Medicaid Mandate Relief and some have
punishable by a fine of $250 for the first offense and a fine of stated that they intend to share portions of any savings with
$500 for the second offense and each offense thereafter. their local municipalities; and
Each alarm dispatch request made by an unlicensed alarm Whereas: In light of those stated intentions, the legislature
monitoring company shall be defined as a separate offense. and the governor should lead the charge in making sure that
[For the purposes of the immediately preceding sentence, those commitments are fulfilled by law.
failure to register 30 days after the City has notified, in Now Therefore Be It Resolved:
writing, an alarm-monitoring business of such failure shall be That the City of Buffalo Common Council requests that the
deemed a second offense.] Each failure of an alarm-NYS Legislature and the Governor include a sharing
monitoring business to register, to conduct or to cooperate mechanism in any Medicaid Relief bill that is passed and
with such a registration or to otherwise comply with the signed into law that requires counties to share portions of
requirements of Subsection F hereof [within 30 days after their Medicaid relief savings with local municipalities within
the City has notified such alarm-monitoring business in their respective counties; and
writing] shall be a violation punishable by a fine of $50 for Be It Further Resolved:
the first offense, $1 00 for the second offense and $200 for That certified copies of this resolution be sent to Governor
the third offense and each offense thereafter. Each alarm George Pataki, New York State Assembly Speaker Sheldon
dispatch request for an unregistered alarm device or system Silver, New York State Senate Majority Leader Joseph
shall be considered a separate offense. Bruno, and all members of the Western New York
1. Excessive Avoidable Alarms Delegation; and
(2) When an alarm device or system has activated Be It Finally Resolved:
three avoidable alarms during a [permit] calendar year, the That certified copies of this resolution be sent to all local
Commissioner of Permit and Inspection Services shall notify municipalities throughout out New York State.
the alarm owner and the owner of the property monitored by ADOPTED.
such alarm device or system, in writing, by means of first-
class mail sent to the address listed on the permit application NO. 203
and to the address to which an emergency response was SPONSOR: MR. COPPOLA
required, respectively. Such notice shall inform the alarm CO-SPONSOR: MR. DAVIS
owner and the owner of the property monitored by an alarm RE-ACTIVATE THE PUBLIC COLLECTION BOARD OF
device or system that additional avoidable alarms will be APPEALS
deemed excessive avoidable alarms subject to an excessive Whereas: The City Charter, Chapter 15, Section 45, calls for
use fee as provided in this section. Such notice shall specify the city to have a Public Collection Board of Appeals; and
the fee schedule for successive excessive false alarms and Whereas: The Public Collection Board of Appeals shall
shall state that excessive use fees will be billed to the determine appeals from determinations of the Commissioner
address listed on the permit application and to the address of Public Works, Parks, and Streets regarding billing of solid
at which an emergency response was required in the event waste user fees; and
of additional false alarms within the year. Such notice shall Whereas: This appointed body, which is comprised of five
also state that in the event that the alarm owner or owner of (5) appointees from the Mayor and serving for three (3)
the property monitored by an alarm device or system fails to years, has been deactivated since November of 2003; and
Whereas: There continues to be a need for the PCBA in Whereas: The Committee has requested the banner to be
order for the public to have a fair an impartial hearing on hung from August 12, 2004 through September 25, 2004;
grievances in regard to their user fee bills; and and
Whereas: Currently the only process that is afforded to Now Therefore Be Resolved That:
those who have grievances with their user fee bill is to file a That the Common Council of the City of Buffalo grants
claim with the City's Corporation Counsel and appear before permission to the Puerto Rican Day Parade of Western New
the Common Council; and York Association, Inc. to hang said banner to advertise there
Whereas: In many cases grievances are due to late fees 2nd Annual Puerto Rican Day Parade, and
and interest charges that the customer feels are extensive Be It Further Resolved:
and/or incorrect, and in fact, most cases involve less than That the Puerto Rican Day Parade of Western New York
$15.00 in question; and Association, Inc will purchase the necessary bond before the
Whereas: To force the customer to go through the process banners are hung and said banners meets all the
of filing a claim with the law department and then appear requirement's of pertinent City Department's and that no
before the Common Council is defeating the purpose of the existing laws are violated.
PCBA; and PASSED.
Whereas: The end result is that many customers are forced AYES-9. NOES-0.
to pay any charges in question in light of (in most cases) the
small amount relative to the process of filing a claim with the NO. 206
Law Department. By: Mr. Davis
Now therefore be A resolved that: PERMISSION TO HANG BANNERS ON SOUTH
The Mayor re-activates the Public Collection Board of ELMWOOD STREET AT THE ENTRANCE OF JOHNSON
Appeals by appointing the members as described in Chapter PARK
15, Section 46 of the City Charter; and Whereas: Johnson Park is one great beauty and a historic
Be it finally resolved that: treasure. Being the first park established in the City of
The Mayor files with the Common Council the names of all of Buffalo in 1837 by the first Mayor Ebenezer Johnson; and
his appointees no later than Thursday, September 2, 2004. Whereas: The Green of Johnson Park will be featured at the
ADOPTED. 10th Annual Buffalo Garden Walk; and
Whereas: To promote this event, the Johnson Park
NO. 204 Association requests permission to hang banners on two
By: Mr. Davis light poles (#267 & #258) on South Elmwood Street at the
INCREASED APPROPRIATION-DEPT. OF POLICE entrance of Johnson Park Street; and
That, Pursuant to §20-11 of the Charter and the Certificate of Whereas: Hutchinson Central Technical High School was
the Mayor and the Comptroller submitted to the Common granted the use of pole #258 to hang a banner, however,
Council, the appropriation in the budget for the current fiscal Principle David Greco has permitted the Johnson Park
year for Appropriation Allotments Department of Police - Association the use of the pole; and
Administration & Communications and Fringe Benefits, be Whereas: The Johnson Park Association is familiar with the
and the same hereby are increased in the sum of banner requirements, and will purchase the necessary bond
$128,775.33. before the banner is hung;
That, the comptroller be and hereby is authorized and Now, Therefore, Be It Resolved:
directed to increase the revenue estimate of account: That the Common Council of the City of Buffalo grants
From: permission to the Johnson Park Association to hang two
10200030 - 380101 - Department of Police General City banners advertising Park; and
Revenue Be It Further Resolved:
- Grant Reimbursement $128,775.33 That said banner will hang from July 23 through September
To meet the increased appropriation as set forth below: 7, 2004; and
To: Be It Finally Resolved:
12021001 - 41 1001 Salary $90,639.00 That the banner meets all the requirements of pertinent City
12021001 - 414007 Perfect Attendance $ 1,296.90 departments and that no existing laws are violated.
12021001 - 414001 Longevity $ 1,200.00 PASSED.
12021001 - 415002 Uniform Allowance $ 1,320.00 AYES-9. NOES-0.
17301002 - 421002 Active Health Insurance $ 20,100.00
17301002 - 421003 Life Insurance $324.00 NO. 207
17301002 - 421004 Dental Insurance $ 2,520.00 By: Mr. Davis
17301002 - 422000 FICA $7,124.91 SHIFT OF OPERATION INTO AN EMPIRE ZONE
17301002 - 423001 ERS Pension $4,250.52 Whereas: The Matusick, Spadafora & Verrastro, is
PASSED. relocating its business from 101 Niagara Street to 2
AYES-9. NOES-0. Symphony Circle; and
Whereas: The relocation will allow Matusick, Spadafora &
NO. 205 Verrastro to expand its operations and increase the number
By: Mr. Davis of its employees; and
PERMISSION TO HANG A BANNER ON NIAGARA Whereas: 2 Symphony Circle is located within the Empire
STREET Zone; and
Whereas: The Puerto Rican Day Parade of Western New Whereas: The City of Buffalo recognizes that extraordinary
nd
York Association, Inc. would like to promote the 2 Annual circumstances exist to warrant the relocation of Matusick,
Puerto Rican Day Parade; and Spadafora & Verrastro into the City of Buffalo Empire Zone
Whereas: The Committee of the Puerto. Rican Day Parade and supports this action; and
of Western New York Association, Inc is requesting Now Therefore Be it Resolved That:
permission to display a banner on Niagara Street Between That the City of Buffalo consents to the relocation of
Maryland Street and Hudson Street; and Matusick, Spadafora & Verrastro, from 101 Niagara Street,
Buffalo, New York 14202 to 2 Symphony Circle, Buffalo, The Buffalo Common Council requests that the local HUD
New York 1420 1, located in the Empire Zone office supports the Towne Garden's Board's efforts to
Be It Further Resolved: reapply for the Mark to Market Program.
That certified copies of this resolution be forwarded to ADOPTED.
Matusick,
Spadafora & Verrastro and the Buffalo Economic APPLICATION FEE -- the first of two fees associated with
Renaissance obtaining a building permit, which fee is paid upon
Corporation. submission of construction documents to the Permit office in
PASSED. the case of a permit requiring such documents, and in the
AYES-9. NOES-0. case of simple permits not requiring any documentation
other than a copy of the building contract is paid together
NO. 208 with the second fee (permit fee) upon obtaining a permit.
By: Mr. Davis The application fee covers work associated with registration,
SUPPORT FOR NEW TOWNE GARDENS application and plan review for a permit.
REDEVELOPMENT PLAN APPURTENANCE -- a lesser part or component that is an
Whereas: The Towne Gardens Housing project was initiated appendage or accessory to a whole system, and whose
in the early 1960's during the height of the City of Buffalo's function is incidental or accessory to the system to which it is
urban renewal program, when ten inner city churches connected.
organized to ensure that affordable housing would be ASSEMBLY --
yin a
available for their congregations and eastside communities; A. With reference to materials assembI.(ies)
and building structure or lot - all the materials, parts, elements
Whereas: This project was the first and largest minority faith and components which once integrated by construction or
based community development program in the city's history. fabrication comprise a physical unit or distinct entity within
Construction of the first phase of the project, Ellicott, was the constructed whole.
completed in 1962 and consisted of 216 residential units. B. With reference to Public AssembIy as one of the
The second phase known as Towne Gardens Ltd. consisted Occupancy Use
of 360 residential units and construction was completed in classifications as defined in section 303. 1 of the Building a
- Assembly Group A occupancy
1972. This phase also includes a 60,000 square foot Code of New York State
commercial plaza; and includes, among others. the use of a building or structure, or
Whereas: The Towne Gardens Complex today is still one of a portion thereof for the gathering together of persons for
the largest minority owned faith based businesses that is 12uKPoses such as civic, social or religious functions,
providing affordable housing and retail services to the recreation, food or drink consumption or awaiting
eastside. The Ellicott phase is solely owned by the ten transportation. A room or space used for assembly
churches and the Towne Gardens Ltd. phase is owned by purposes by less
the New York State Limited Partnership with the ten Rest of resolution available for review in The City Clerk’s
churches as the General Managing Partners; and Office
Whereas: During the past several years the Towne Gardens
Board of Directors have undertaken various efforts to initiate APPROVED as to form
redevelopment plans that would redesign the existing site Corporation
making the complex more marketable and restructure its
current financial debt. The City of Buffalo has been a Matter strike through to be deleted matter underlines is new
partner in these efforts and the Board is currently PASSED
approaching the local Housing and Urban Development AYES - 9 NOES - 0
(HUD) office to reapply to the Mark to Market program. This
program will allow the Board of Directors to renegotiate and NO. 209
restructure its current federal debt; and By: Mr. Fontana
Whereas: The Towne Gardens Board of Director's is ORDINANCE AMENDMENT CHAPTER 175, FEES
currently working with a private developer to form a new The Common Council of the City of Buffalo does
redevelopment plan that will bring new investors through the hereby ordain as follows:
sale of tax credits. This current plan is different from That Chapter 175 of the Code of the City of
previous efforts because it will generate new equity. The Buffalo be amended to read as follows:
plan will also provide resources to make major Section361-8
improvements to the property which has not occurred since For Furnishing a Certified Copy of a Birth Certificate - $
the construction of the residential units; and 10.00
Whereas: The New Towne Gardens Redevelopment Plan For Furnishing a Certified Copy of a Birth Certificate - Hard
will also involve the redesign of the commercial plaza on Plastic Wallet Size - $25.00
William Street. The plaza is a central market place for the APPROVED AS TO FORM
community and has never had the retail management Michael B. Risman
expertise nor resources necessary to attract brand name Corporation Counsel
businesses; and NOTE: Matter in brackets to be deleted, matter underlined is
Whereas: In order to generate support for this new planning new.
effort the Board of Directors has met with the residents of PASSED.
Towne Gardens, various elected officials and the business AYES-9. NOES-0.
community who are all supportive.
Now therefore be it resolved that: NO. 210
The Buffalo Common Council supports the Towne Garden's By: Mr. Fontana
Board of Directors in its current efforts to finalize a New ORDINANCE AMENDMENT CHAPTER 175, FEES
Towne Gardens Redevelopment Plan; and INSERT INTO CHAPTER 175, FEES, UNDER:
Be it finally resolved that: § 103-12, building permits
Copy available in Clerk’s Office.
PASSED. applicants for such licenses and other purposes as herein
AYES-9. NOES-0. provided. The members of such Board shall be electricians
of at least five years' practical experience. At least three out
NO. 211 of the five Board members shall be City residents. Such
By: Mr. Fontana proportion shall be maintained, with any variation thereof
ORDINANCE AMENDMENT CHAPTER 175, FEES requiring the approval of the Mayor and the Common
The Common Council of the City of Buffalo does Council. ( All members of such Board, at the time of
hereby ordain as follows: appointment, shall be at least 30 years of age and residents
That the Code of the City of Buffalo be amended of said City at least five years.)
to read as follows: B. The members constituting such Board first appointed
Chapter 175, Fees hereunder
§413-67, Encroachments shall hold office (for the following terms and until their
successors are appointed; one to and including until their
Other street closings successors are appointed: one to and including December
1 block $25.00 [per day, 31, 1927; two to and including December 31, 1928; and two
but not to exceed a maximum of $400.00] to and including December 31, 1929. The terms of office of
Each successive block $15.00 [per day, but not to the respective members shall be determined by lot as
exceed a maximum of $400.00] hereinafter provided) as nominated by the Mayor and
It is hereby certified, pursuant to Section 3-19 of the Charter appointed by the Common Council, and shall hold a term of
of the City of Buffalo, that the immediate passage of the office not to exceed three (3) years from the date of
foregoing ordinance is necessary. appointment.
APPROVED AS TO FORM It is hereby certified, pursuant to Section 3-19 of the Charter
Michael B. Risman of the City of Buffalo, that the immediate passage of the
Corporation Counsel foregoing ordinance is necessary.
NOTE: Matter in brackets is to be deleted, matter underlined APPROVED AS TO FORM
is new. Michael B. Risman
PASSED. Corporation Counsel
AYES-9. NOES-0. NOTE: Matter () is to be deleted, matter underlined is new.
PASSED.
NO. 212 AYES-9. NOES-0.
By: Mr. Fontana
ORDINANCE AMENDMENT NO. 214
CHAPTER 66, AIR POLLUTION By: Mr. Fontana
The Common Council of the City of Buffalo does ORDINANCE AMENDMENT
hereby ordain as follows: CHAPTER 66, AIR POLLUTION
That the Code of the City of Buffalo be amended The Common Council of the City of Buffalo does hereby
to read as follows: ordain as follows:
§ 165-17. Permit required; exceptions. That the Code of the City of Buffalo be amended to read as
No electrical work shall be installed, changed or added to follows:
without a permit from the Division of New Construction first §66-5. General provisions.
having been obtained, except for work described in section A. All work, materials, parts, elements. components, finishes,
165-27.1 of this chapter, work described in section 165-27.1 equipment and/or fixtures, assemblies and systems shall
done by factory certified service technicians, and work comply with the requirements of the Fuel Gas Code of New
described in section 165-27.1 done in their own plants by York State irrespective of the requirement for a Fuel Devices
persons and maintenance personnel not required to be Permit or payment of a Fuel Devices Permit fee.
licensed under Article I of this chapter. B. All work shall comply with the provisions of the codes and
It is hereby certified, pursuant to Section 3-19 of the Charter ordinances of this Charter irrespective of requirement for a
of the City of Buffalo, that the immediate passage of the Fuel Devices Permit or payment of a Fuel Devices Permit
foregoing ordinance is necessary. fee.
APPROVED AS TO FORM C. The Owner of a building, structure or lot is the primary
Michael B. Risman responsible party in Fuel Devices Permit and Fuel Devices
Corporation Counsel Permit fee matters. The use or employment of any agent, a
NOTE: Matter strike through is to be deleted, matter Licensed Engineer or Architect, or a Licensed Contractor
underlined is new. does not obviate the Owner's responsibilities.
PASSED. § 66-5. 1 Plans and specifications and permit required;
AYES-9. NOES-0. existing equipment and devices.
It is hereby certified, pursuant to Section 3-19 of the Charter
NO. 213 of the City of Buffalo, that the immediate passage of the
By: Mr. Fontana foregoing ordinance is necessary.
ORDINANCE AMENDMENT APPROVED AS TO FORM
CHAPTER 66, AIR POLLUTION Michael B. Risman
The Common Council of the City of Buffalo does Corporation Counsel
hereby ordain as follows: NOTE:Matter underlined is new.
That the Code of the City of Buffalo be amended PASSED.
to read as follows: AYES-9. NOES-0.
§ 165-3. Appointment of Examining Board of
Electricians. NO. 215
A. The Council, upon nomination by the Mayor, shall By: Mr. Fontana
appoint an Examining Board of Electricians of five members ORDINANCE AMENDMENT
to examine and determine the qualifications and fitness of CHAPTER 66, AIR POLLUTION
The Common Council of the City of Buffalo does hereby No person shall place, hang, suspend, affix or otherwise
ordain as follows: display the carcass of slaughtered game upon any lot of
That the Code of the City of Buffalo be amended to read as premises except within an enclosed structure or otherwise
follows: shielded from view.
§ 66-2. Definitions. It is hereby certified, pursuant to Section 3-19 of the Charter
The following words, when used in this Part 1, shall have the of the City of Buffalo, that the immediate passage of the
following meanings: foregoing ordinance is necessary.
APPURTENANCE - a lesser part or component that is an APPROVED AS TO FORM
appendage or accessory to a whole system, and whose Michael B. Risman
function is incidental or accessory to the system to which it is Corporation Counsel
connected. NOTE: Matter strike through is to be deleted; matter
FACTORY-CERTIFIED SERVICE TEUTNICIAN - a person underlined is new.
employed by a factory or plant which manufactures PASSED
equipment, devices, fixtures, components, assemblies. AYES-9. NOES-9.
controls, and other similar parts for the electrical, elevators, NO. 218
fuel devices or plumbing trades, who has the working By: Mr. Fontana
knowledge of the trade manufactured for and of the ORDINANCE AMENDMENT
equipment. etc., manufactured by such factory, and has CHAPTER 103, BUILDING CONSTRUCTION AND
been trained and certified by such manufacturer as being DEMOLITION
knowledgeable and capable of installing and servicing the SECTION 103-38.1.DUST CONTROL
equipment and components, etc. in the field wherever it is The Common Council of the City of Buffalo does
installed. hereby ordain as follows
MAINTENANCE PERSONNEL -
for a commercial building, That the Code of the City of Buffalo be amended
-
one of the following categories.to read as follows:
A. The individual property Owner (or Document on file in Clerk’s Office.
Owners), who is capable and has a working APPROVED AS TO FORM
knowledge of repairs and replacements in-kind Michael B. Risman
in the fields of work called for in properly Corporation Counsel
maintaining their building and site. PASSED
B. Any Employee(s) in the direct employ of the AYES-9. NOES-0.
Owner(s), not as a contractor or subcontractor, but as an
actual employee, whose job it is to maintain the property and
who is capable and has a working knowledge of repairs and NO. 219
replacements in-kind in the fields of work called for in By: Mr. Fontana
properly maintaining the building and site that they have ORDINANCE AMENDMENT
been employed by the Owner to maintain. CHAPTER 103, BUILDING CONSTRUCTION AND
It is hereby certified, pursuant to Section 3-19 of the Charter DEMOLITION
of the City of Buffalo, that the immediate passage of the SECTION 103-8.2. STOP-WORK ORDERS
foregoing ordinance is necessary. The Common Council of the City of Buffalo does
APPROVED AS TO FORM hereby ordain as follows
Michael B. Risman That the Code of the City of Buffalo be amended
Corporation Counsel to read as follows:
PASSED Document on file in Clerk’s Office.
AYES-9. NOES-0 APPROVED AS TO FORM
NOTE:Matter underlined is new. Michael B. Risman
Corporation Counsel
NO. 216 PASSED
By: Mr. Fontana AYES-9. NOES-0.
ORDINANCE AMENDMENT
CHAPTER 66, AIR POLLUTION a. Electrical devices and components of less than 30 volts
TEXT AVAILABLE IN CLERK’S OFFICE. b. Lamps/Light BUN
It is hereby certified, pursuant to Section 3-19 of the Charter c. Light Fixture Ballasts
of the City of Buffalo, that the immediate passage of the d. Light Fixture Lenses
foregoing ordinance is necessary. e. Surface-mounted Light Fixtures and Surface-mounted.
APPROVED AS TO FORM Fans
Michael B. Risman f. Fuses, and
Corporation Counsel g. Cover Plates and Escutcheons.
PASSED. Homeowners and appropriately licensed Handymen.
AYES-9. NOES-0. Electrical Contractors and Construction. Managers may
make such electrical Replacements in-kind.. consistent with
the definition of "Replacement in-kind", to existing
NO. 217 installations without applying for and obtaining an Electrical
By: Mr. Fontana Permit and paying, Electrical Permit fees.
ORDINANCE AMENDMENT However. even when Electrical Permits are not required, all
CHAPTER 78, ANIMALS installations. materials, parts, devices and fixtures used in
The Common Council of the City of Buffalo does hereby such electrical Replacements in-kind. must conform to
ordain as follows: current Underwriter's Laboratory standards and the current
That the code of the City of Buffalo be amended to read as electrical code, as well as current Underwriter's Laboratory
follows: standards and current BCNYS buildings code requirements
Section 78-3.1. Display of slaughtered game. and City Charter Codes and Ordinances.
No other electrical Replacements in-kind of electrical It is hereby certified, pursuant to Section 3-19 of the Charter
systems, services, wiring, conduit, wiring in conduit, smoke of the City of Buffalo, that the immediate passage of the
and fire detection systems or alarm systems may be made at foregoing ordinance is necessary.
Existing One and Two Family Dwellings without first applying APPROVED AS TO FORM
for and obtaining an Electrical Permit and paying Electrical Corporation Counsel
Permit fees. NOTE: Matter strike through is to be deleted,
4. Replacements in kind to electrical installations at matter underlined is new.
existing One and Two family dwellings and their sites which PASSED
are are limited to:AYES - 9 NOES - 0
a. Electrical devices and components of less than 30 volts
b. Electrical and lighting fixtures, and
C. Exhaust and other fans.
Factory-Certified Service Technicians. Maintenance NO. 220
Personnel, mid appropriately licensed Electrical Contractors BY: MR. FONTANA
may make such electrical Replacements in-kind, consistent ORDINANCE AMENDMENT
with the definition of "Replacement in-kind", to existing g CHAPTER 103, BUILDING CONSTRUCTION AND
installations without -applying for and obtaining an Electrical DEMOLITION
Permit and paving Electrical Permit fees. THE COMMON COUNCIL OF THE CITY OF BUFFALO
However. even when Electrical Permits are not required, all DOES HEREBY ORDAIN AS FOLLOWS:
installations. materials. parts. devices and fixtures used in THAT THE CODE OF THE CITY OF BUFFALO BE
such electrical Replacements in-kind must confom-1 to AMENDED TO READ AS FOLLOWS:
current Underwriter's Laboratory standards and the current 4103-2. Permits, definitions.
electrical code, as well as current Underwriter's Laboratory The following words and terms shall, for the purposes of City
standards and current BCNYS building code requirements Building Permits and Building Permit fees, have the
and City Charter Codes and Ordinances. meanings shown herein:
No other electrical Replacements in-kind of electrical ACCESSIBILITY - Pertaining to or having to do with
systems, services, wiring, conduit. wiring j, in conduit, smoke handicap access.
and fire detection systems or alarm systems may be made at APPLICATION FEE -- the first of two fees associated with
Existing Commercial Buildings without first obtaining an obtaining a building permit, which fee is paid upon
Electrical Permit and paving Electrical Permit fees. submission of construction documents to the Permit office in
5. Installation of Listed Portable Electrical Equipment for the case of a permit requiring such documents, and in the
Appliances at Existing One and Two Family Dwellings.case of simple permits not requiring any documentation
Homeowners and appropriately licensed Handymen, other than a copy of the building contract is paid together
Electrical Contractors, and Construction Managers may with the second fee (permit fee) upon obtaining a permit.
make such electrical Replacements in-kind, consistent with The application fee covers work associated with registration,
the definition of "Replacement in-kind"', or Installations application and plan review for a permit.
without applying for and obtaining an Electrical Permit and APPURTENANCE -- a lesser part or component that is an
paying Electrical Permit fees. appendage or accessory to a whole system, and whose
6. Installation of Listed Portable Electrical Equipment function is incidental or accessory to the system to which it is
or Appliances at Existing, Commercial Buildings.connected.
Maintenance Personnel and appropriately licensed Electrical ASSEMBLY --
in a
Contractors and Construction Managers may make such A. With reference to materials assembly.(ies)
electrical Replacements in-kind. consistent with the definition building structure or lot - all the materials, parts, elements
of "Replacement in-kind", or Installations without applying for and components which once integrated by construction or
and obtaining an Electrical Permit and paving fabrication comprise a physical unit or distinct entity within
Electrical Permit fees. the constructed whole.
Even when Electrical Permits are not required, all installation B. With reference to Public AssembIy as one of the
methods, as well as all equipment and appliances used for Occupancy Use
such electrical replacements in-kind or installations must classifications as defined in section 303. 1 of the Building a
- Assembly Group A occupancy
conform to current Underwriter's Laboratory standards and Code of New York State
theories electrical code. includes, among others. the use of a building or structure, or
All new work or work on existing electrical services, conduit, a portion thereof for the gathering together of persons for
wiring in conduit or smoke and fire detection and alarm 12uKPoses such as civic, social or religious functions,
systems may only be done after first applying for and recreation, food or drink consumption or awaiting
obtaining an Electrical Permit qnd paying Electrical Permit transportation. A room or space used for assembly
fees. purposes by less
All new or other line-voltage electrical work or the installation Rest of resolution available for review in The City Clerk’s
of electrical conduit must be performed by either a Master Office
Electrician licensed by The City of Buffalo or a Journeyman
Electrician who is supervised by a Master Electrician, both of APPROVED as to form
Whom are licensed by the City of Buffalo. Corporation
A City licensed Master Electrician or a Journeyman
Electrician who is Master Electrician, both of whom are Matter strike through to be deleted matter underlines is new
licensed by the City of Buffalo , may, as an employee of a PASSED
factory or plant, perform Electrical work in such factory or AYES - 9 NOES - 0
plant,
All other Electrical work requires an Electrical Permit and the NO. 221
payment of electrical Permit fees - See Flat Fee and Area-BY: MR. FONTANA
Calculated Fee Schedules. ORDINANCE AMENDMENT
CHAPTER 165, ELECTRICITY
The Common Council of the City of Buffalo does hereby AYES - 9 NOES - 0
ordain as follows:
That the Code of the City of Buffalo be amended to read as NO. 223
follows: BY: MR. FONTANA
§ 165-16. Compliance with standards required. ORDINANCE AMENDMENT
A. All electrical work within the City of Buffalo must CHAPTER 165, ELECTRICITY
conform to the National Electrical Code of [198 1], which is The Common Council of the City of Buffalo does hereby
hereby made a part of this article, except as may be herein ordain as follows:
otherwise provided. The aforementioned. requirement is That the Code of the City of Buffalo be amended to read as
irrespective of the requirement for an Electrical Permit or follows:
payment of an Electrical Permit fee. § 165-27. Permit required; exceptions; inspections;
B. The Owner of a building, structure or lot is the preparation and application.
primary responsible party in Electrical Permit and Electrical B. No permit shall be required for the-any electrical
Permit fee matters. The use or employment of any age a work of [replacing fuses,
Licensed Engineer or Architect, or a Licensed Contractor receptacles, switches or fixtures which are on existing
does not obviate the Owner responsibilities. electrical systems] described in Section 1. 65-27. 1,
CB. A copy of this code is filed in the City Clerk's office at provided that there is no additional new work or change in
the time of the passage this article and shall be maintained the existing wiring system.
in such office as a permanent part of this article. § 165-27.1. Terms and conditions under which Electrical
It is hereby certified, pursuant to Section 3-19 of the Charter Permits and Electrical Permit fees are not required.
1 pairs, to Electrical Installations at Existing One
of the City of Buffalo, the immediate passage of the rep
and Two Family Dwellings
foregoing ordinance is necessary. and their sites which are limited
APPROVED AS TO FORM to:
Corporation Counsel a. Electrical devices and components of less than 30 volts
NOTE: Matter in brackets is to be deleted, b. Electrical and lighting fixtures, and
matter underlined is new. c. Exhaust and other fans.
PASSED Homeowners and appropriately licensed Handymen,
AYES - 9 NOES - 0 Electrical Contractors and Construction Managers may make
such electrical @Repairs to existing installations, consistent
NO. 222 with the definition of "Repairs" without applying for and
BY: MR. FONTANA obtaining an Electrical Permit and paying Electrical Permit
ORDINANCE AMENDMENT fees.
CHAPTER 165, ELECTRICITY However, even when Electrical Permits are not required, all
The Common Council of the City of Buffalo does hereby installations, materials, part devices and fixtures used in
ordain as follows: such electrical Repairs must conform to current
That the Code of the City of Buffalo be amended to read as Underwriter's Laboratory standards and the current electrical
follows: code, as well as current Underwriter's Laboratory standards
§ 165-1. Definitions. and current BCNYS building code requirements and City
As used in this article, the following terms shall have the Charter Codes and Ordinances.
meanings indicated: No other electrical Repairs or Repairs of electrical systems,
FACTORY-CERTIFIED SERVICE TECHNICIAN - a person services. wiring, conduit, wiring in conduit, smoke and fire
employed which manufactures equipment, devices, fixtures, detection systems or alarm systems may be made at
components. assemblies, control and other similar parts for Existing One and' two Family Dwellings without first
the electrical, elevators, fuel devices or plumbing trades, obtaining,, are Electrical Permit and paying Electrical Permit
who has the working knowledge of the trade manufactured fees.
for and of the equipment, etc., manufactured by such 2. Repair to Electrical Installations at Existing
factory, and has been trained and certified by such Commercial Building's and their sites which are limited to:
manufacturer a being knowledgeable and capable of a. Electrical devices and components of less than 30 volts
installing and servicing the equipment and components, etc. b. Electrical and lighting fixtures, and.
in the field wherever it is installed. c. Exhaust and other fans,
MAINTENANCE PERSONNEL - commercial by
for a the Factory-Certified Service Technicians. Maintenance
following categories:Personnel, and appropriated. licensed Electrical Contractors
A. The individual property Owner (or Owners), who is may make such electrical Repairs to existing installations,
capable and has a working knowledge of repairs and consistent with the definition of "Repairs" wiithout applying
replacements in-kind in the fields of work called for in for and obtaining an Electrical Pen-nit and paying Electrical
properly maintaining their building and site. Permit fees.
B. Any E n the direct employ of the owner as a However. even when Electrical Permits are not required, all
contractor or subcontractor, but as an actual employee, installations. materials. parts, devices and fixtures used in
whose job it is to maintain the property and who is capable such electrical Repairs must conform to current Underwriters
and has a working knowledge of repairs and replacements Laboratory standards and the current electrical. code, as
in-kind in the fields o work called for in properly well as current Underwriter's Laboratory standards mid
maintaining the buildin2 and site that they have been current BCNYS building code requirements and City Charter
employed by the Owner to maintain. Codes and Ordinances.
It is hereby certified, pursuant to Section 3-19 of the No other electrical Repairs or Repairs of electrical systems,
Charter of the City of Buffalo, that the immediate passage services. wiring, conduit. wiring, in conduit, smoke and fire
of the foregoing ordinance is necessary. detection systems or alarm systems may be made at
APPROVED AS TO FORM Existing Commercial Buildings without first obtaining an
NOTE: Matter strike through is to be deleted, Electrical Permit and pay"-nr Electrical Permit fees.
matter underlined is new.
PASSED
Replacements in-kind to Electrical Installations at Existing Even when Electrical Permits are not required, all installation
One and Two Family Dwellings and their sites which care methods, as well as all equipment and appliances used for
limited to:such electrical replacements in-kind or installations must
a. Electrical devices and components of less than 30 volts conform to current Underwriter's Laboratory standards and
b. Lamps/Light BUN theories electrical code.
c. Light Fixture Ballasts All new work or work on existing electrical services, conduit,
d. Light Fixture Lenses wiring in conduit or smoke and fire detection and alarm
e. Surface-mounted Light Fixtures and Surface-mounted. systems may only be done after first applying for and
Fans obtaining an Electrical Permit and paying Electrical Permit
f. Fuses, and fees.
g. Cover Plates and Escutcheons. All new or other line-voltage electrical work or the installation
Homeowners and appropriately licensed Handymen. of electrical conduit must be performed by either a Master
Electrical Contractors and Construction. Managers may Electrician licensed by The City of Buffalo or a Journeyman
make such electrical Replacements in-kind.. consistent with Electrician who is supervised by a Master Electrician, both of
the definition of "Replacement in-kind", to existing Whom are licensed by the City of Buffalo.
installations without applying for and obtaining an Electrical A City licensed Master Electrician or a Journeyman
Permit and paying, Electrical Permit fees. Electrician who is Master Electrician, both of whom are
However. even when Electrical Permits are not required, all licensed by the City of Buffalo , may, as an employee of a
installations. materials, parts, devices and fixtures used in factory or plant, perform Electrical work in such factory or
such electrical Replacements in-kind. must conform to plant,
current Underwriter's Laboratory standards and the current All other Electrical work requires an Electrical Permit and the
electrical code, as well as current Underwriter's Laboratory payment of electrical Permit fees - See Flat Fee and Area-
standards and current BCNYS buildings code requirements Calculated Fee Schedules.
and City Charter Codes and Ordinances. It is hereby certified, pursuant to Section 3-19 of the Charter
No other electrical Replacements in-kind of electrical of the City of Buffalo, that the immediate passage of the
systems, services, wiring, conduit, wiring in conduit, smoke foregoing ordinance is necessary.
and fire detection systems or alarm systems may be made at APPROVED AS TO FORM
Existing One and Two Family Dwellings without first applying Corporation Counsel
for and obtaining an Electrical Permit and paying Electrical NOTE: Matter strike through is to be deleted,
Permit fees. matter underlined is new.
4. Replacements in kind to electrical installations at PASSED
existing One and Two family dwellings and their sites which AYES - 9 NOES - 0
are are limited to:
a. Electrical devices and components of less than 30 volts NO. 224
b. Electrical and lighting fixtures, and BY: MR. FONTANA
C. Exhaust and other fans. ORDINANCE AMENDMENT
Factory-Certified Service Technicians. Maintenance CHAPTER 167, ELEVATORS AND CONVEYANCES
Personnel, mid appropriately licensed Electrical Contractors The Common Council of the City of Buffalo does hereby
may make such electrical Replacements in-kind, consistent ordain as follows:
with the definition of "Replacement in-kind", to existing g That the Code of the City of Buffalo be amended to read as
installations without -applying for and obtaining an Electrical follows:
Permit and paving Electrical Permit fees. § 167-26. [ High rise building Knox] fire-lock boxes.
However. even when Electrical Permits are not required, all A. Fire lock box location switch key (fire lock box)
installations. materials. parts. devices and fixtures used in shall be installed on the exterior of all buildings. Compliance
such electrical Replacements in-kind must confom-1 to shall include but is not limited to those building's leaving),' a
current Underwriter's Laboratory standards and the current fire alarm system or fire suppression system. commercial
electrical code, as well as current Underwriter's Laboratory buildings, businesses, mercantile occupancies and
standards and current BCNYS building code requirements multifamily structures having three or more dwelling units.
and City Charter Codes and Ordinances. For specific box type. location and contents property owners
No other electrical Replacements in-kind of electrical should be directed. to The City of Buffalo. Bureau of Fire
systems, services, wiring, conduit. wiring j, in conduit, smoke Prevention, Room 321, City Hall, Buffalo. New York 14202
and fire detection systems or alarm systems may be made at at 851-5707 [in accordance with the current adopted edition
Existing Commercial Buildings without first obtaining an of NFPA 101]
Electrical Permit and paving Electrical Permit fees. All Knox --- Box Installations Shall:
5. Installation of Listed Portable Electrical Equipment for • Be installed on the exterior of the building within IO feet of
Appliances at Existing One and Two Family Dwellings.the entrance door normally used by the Fire
Homeowners and appropriately licensed Handymen, Department to access the building.
Electrical Contractors, and Construction Managers may • The top of the box shall be installed no higher than 6 feet
make such electrical Replacements in-kind, consistent with nor lower than 5 feet from
the definition of "Replacement in-kind"', or Installations the adjacent ground level.
without applying for and obtaining an Electrical Permit and • The box must be installed 'In such a manner as to be
paying Electrical Permit fees. clearly visible and free front any obstruction I including
6. Installation of Listed Portable Electrical Equipment trees, bushes. etc.!
or Appliances at Existing, Commercial Buildings.• If the box is equipped with a tamper switch. the letter "A".
Maintenance Personnel and appropriately licensed Electrical in either yellow or white shall be. placed on the door of the
Contractors and Construction Managers may make such box.
electrical Replacements in-kind. consistent with the definition • The box shall not be painted. as this hampers and in some
of "Replacement in-kind", or Installations without applying for cases, prohibits entry into the box. f Boxes that have
and obtaining an Electrical Permit and paving be painted must be replaced
Electrical Permit fees.
• The red reflective Knox - box decal shall be placed on the year-round in such a fashion as to prevent any access
entrance door of the site normally used by the Fire to or use of the furniture by rodents or other pests as
Department. 5 feet above the adjacent ground level. harborage or nesting. or for nest building material.
• All keys placed inside the box must be marked with a It is hereby certified, pursuant to Section 3-19 of the
metal tag or stamped identification on The key identifying Charter of the City of Buffalo, that the immediate passage
access or which device it operates. of the foregoing ordinance is necessary.
QEI. Elevator Inspectors shall verify only that an approved APPROVED AS TO FORM
box has been installed and the contents include keys for NOTE: Matter strike through is to be deleted,
hoistway access and elevator recall. matter underlined is new.
B. The fire lock box shall contain keys [a- key]-for PASSED
access to the following areas: AYES - 9 NOES - 0
[The fire lock box shall contain a key for access to the
following areas] NO. 227
(2) keys for the main entrance to suites; BY: MR. FONTANA
(3) padlock keys for personnel and vehicular gates ORDINANCE AMENDMENT
(4) keys for [Mechanical] mechanical, plumbing, CHAPTER 263
([3]5) keys for control valves; The Common Council of the City of Buffalo does hereby
(6) keys for break away pad locks, ordain as follows:
(7) keys for fire alarm panels, That the Code of the City of Buffalo be amended to read as
(8) keys for roof hatches; follows:
f9) keys for phase I and II firefighter service, &263-23 D. Stop-work orders.
(I 0) keys for hoistway access; Whenever the Commissioner has reasonable grounds to
[Elevator- Controls] believe that work on any building, structure, or lot is being
(11) keys for hoistway locking devices, performed in violation of the provisions of the applicable
[4]12) All common areas of the building which may be building laws, ordinances or regulations or not in conformity
secured;-and with the provisions of the accepted permit application, plans
([5]1 3) or specifications and revisions thereof or in an unsafe and
[All keys contained in the fife look box shall be properly dangerous manner or without a required permit. the
identified as to function by a metal tag of stamped Commissioner shall notify the owner of the property or the
identification on the key.] owner's agent to suspend all work, and any such persons
It is hereby certified, pursuant to Section 3-19 of the Charter shall forthwith stop work and suspend all building activities
of the City of Buffalo, that the immediate passage of the until the stop-work order has been rescinded. Such order
foregoing ordinance is necessary. and notice shall be in writing, shall state the conditions under
APPROVED AS TO FORM which the work may be resumed and may be served either
NOTE: Matter in brackets is to be deleted, by delivering it personally or by posting it conspicuously
matter underlined is new. where the walk is being performed and se of it by mail to the
PASSED address set forth in the permit application.
AYES - 9 NOES - 0 It is hereby certified, pursuant to Section 3-19 of the Charter
of the City of Buffalo, that the immediate passage of the
NO. 225 foregoing ordinance is necessary.
BY: MR. FONTANA APPROVED AS TO FORM
ORDINANCE AMENDMENT NOTE: Matter strike through is to be deleted,
CHAPTER 165, ELECTRICITY matter underlined is new.
The Common Council of the City of Buffalo does hereby PASSED
ordain as follows: AYES - 9 NOES - 0
That the Code of the City of Buffalo be amended to read as
follows: NO. 228
§ [165 26 Lighting affecting neighboring property] BY: MR. FONTANA
The deleted sections are available for review in The City RE: ORDINANCE AMENDMENT
Clerk’s Office CHAPTER 326, PLUMBING
It is hereby certified, pursuant to Section 3-19 of the Charter The Common Council of the City of Buffalo does hereby
of the City of Buffalo, that the immediate passage of the ordain as follows:
foregoing ordinance is necessary. That the Code of the City of Buffalo be amended to read as
APPROVED AS TO FORM follows:
NOTE: Matter in brackets is to be deleted, 326-14.1. General provisions.
matter underlined is new. A. All work materials, parts, elements. components
PASSED equipment and/or fixtures, assemblies and systems shall the
AYES - 9 NOES - 0 requirements of the Plumbing Code of New York State
irrespective of the requirement for a permit or payment of
NO. 226 Plumbing Permit fees.
BY: MR. FONTANA B. All work shall comply codes and ordinances of this
RE: ORDINANCE AMENDMENT Charter irrespective of requirement for a Plumbing Permit or
CHAPTER 242, HOUSING STANDARDS payment of Plumbing Permit fees.
The Common Council of the City of Buffalo does hereby C. All work is subject to .911 other applicable
ordain as follows: approvals and reviews and their attendant fees irrespective
That the Code of the City of Buffalo be amended to read as of requirement for a Plumbing Permit or payment of
follows: Plumbing Permit fees.
4242-3.1. Upholstered furniture on open porches. D. The Owner of a building, structure or lot is the primary
Upholstered furniture may not be located stored. or Building Permit and ' Building Permit fee matters. The use
used on any porch unless such porch is fully enclosed or employment of any agent, a Licensed Design
Professional, or a Licensed Contractor does not obviate the herein required, and said Chie Plumbing Inspector shall then
Owner's responsibilities. refer the matter to the Commissioner of Permit and
It is hereby certified, pursuant to Section 3-19 of the Charter Inspection Services for his action. The Commissioner of
of the City of Buffalo, that the immediate passage of the Permit and Inspection Services shall thereafter inform, in
foregoing ordinance is necessary. writing, said Chief Plumbing Inspector of the result of any
APPROVED AS TO FORM action taken by him as aforesaid against any such
NOTE: Matter strike through is to be deleted, unlicensed journeyman plumber.
matter underlined is new. It is hereby certified, pursuant to Section 3-19 of the Charter
PASSED of the City of Buffalo, that the immediate passage of the
AYES - 9 NOES – 0 foregoing ordinance is necessary.
APPROVED AS TO FORM
NO. 229 NOTE: Matter in brackets is to be deleted,
BY: MR. FONTANA matter underlined is new.
RE: ORDINANCE AMENDMENT PASSED
CHAPTER 326, PLUMBING AYES - 9 NOES - 0
The Common Council of the City of Buffalo does hereby
ordain as follows: NO. 231
That the Code of the City of Buffalo be amended to read as BY: MR. FONTANA
follows: ORDINANCE AMENDMENT
§ 326-14. Definitions. CHAPTER 326, PLUMBING
FACTORY-CERTIFIED SERVICE TECHNICIAN -- a The Common Council of the City of Buffalo does hereby
person employed by a factory or plant which manufactures ordain as follows:
equipment, devices, fixtures, components, assemblies, That the Code of the City of Buffalo be amended to read as
controls. and other similar 1)arts for the electrical, follows:
elevators, fuel devices or plumbing trades_, who has the §326-2. Establishment of Plumbing and drainage review
working knowledge of the trade manufactured for and of board. Refer to Article 4, Plumbing and Drainage, of
the equipment etc. manufactured by such factory, and has General City Law. § 326-2.1. License required; penalties
been trained and certified by such manufacturer as being for offenses.
knowledgeable and capable of installing and servicing the A. No person shall perform any plumbing work as a
equipment and components, etc. in the field wherever it is master plumber and/or journeyman plumber in the City of
installed. Buffalo without being licensed as hereinafter provided.
MAINTENANCE PERSONNEL -- commercial
for a building It is hereby certified, pursuant to Section 3-19 of the Charter
one -
of the following categories.of the City of Buffalo, that the immediate passage of the
A. The individual property Owner (or Owners). who is foregoing ordinance is necessary.
capable and has a working knowledge o repairs and APPROVED AS TO FORM
replacements in-kind in the fields of work called for in NOTE: Matter strike through is to be deleted,
properly maintaining their building and site. matter underlined is new.
B. Any Employee’s in the direct employ of the PASSED
0wner’s, not as a contractor or subcontractor, but as an AYES - 9 NOES - 0
actual employee it is to maintain the property and who is
capable and has a knowledge of repairs and replacements NO. 232
in kind in the fields of work called for in properly maintaining BY: MR. FONTANA
the building and site that they have been involved by the RE: ORDINANCE AMENDMENT
Owner to maintain. CHAPTER 326, PLUMBING
It is hereby certified, pursuant to Section 3-19 of the Charter The Common Council of the City of Buffalo does hereby
of the City of Buffalo, that the immediate passage of the ordain as follows:
foregoing ordinance is necessary. That the Code of the City of Buffalo be amended to read as
APPROVED AS TO FORM follows:
NOTE: Matter strike through is to be deleted, § 326-1. Definitions.
matter underlined is new. As used in this article, the following terms shall have the
PASSED meanings indicated:
AYES - 9 NOES - 0 JOURNEYMAN PLUMBER -- Any [mechanic] person who
has served his apprenticeship or learned his trade or
NO. 230 handicraft and works at it mostly by the day, week or month,
BY: MR. FONTANA not on his own account, but as a servant or employee of
RE: ORDINANCE AMENDMENT another, and shall include any person who holds himself out
CHAPTER 326, PLUMBING to the public as a "journeyman plumber."
The Common Council of the City of Buffalo does hereby MASTER PLUMBER - any person who has an active
ordain as follows: Certificate of Competency issued by the Examining Board of
That the Code of the City of Buffalo be amended to read as Plumbers and who is principally engaged in and carries on
follows: the business of plumbing, as a Licensed Master Plumber in
§ 326-10. Reports of plumbing inspectors. [Amended the City of Buffalo.
12-9-2003, effective 12-1920031 PLUMBING -- All matters relating to the practice, materials,
Inspectors of plumbing,[ appointed pursuant to Section 143 fixtures, equipment, piping and labor used in the installation
of the charter in addition to their other duties] shall report in of storm sewers and systems, sanitary sewers and systems,
writing to the Chief Plumbing Inspector in the Division of the attendant vent system, water supply systems. gas
New Construction, Department of Permit and Inspection systems. maintenance, extension, and alterations of piping,
Services, the name of any journeyman plumber found fixtures, equipment, appliances; cleaning Of pipes within or
installing any plumbing and drainage work in the City of adjacent to any building or structure; also, the laterals from
Buffalo without a certificate of registration or a license, as said building or structure up to their connections to the public
sanitary, storm, or combined sewer. or M other approved performed in violation of the provisions of the applicable
terminals. building laws, ordinances or regulations or not in conformity
Plumbing, plumbing systems, equipment, and fixtures shall with the provisions of the accepted permit application, plans
be designed, installed. and located so that under normal or specifications and revisions thereof or in an unsafe and
conditions of use such systems and equipment will not be a dangerous manner or without a required permit, the
potential danger to health or welfare and will not create Commissioner shall notify the owner of the property or the
excessive noise or otherwise become a nuisance. Systems, owner's agent to suspend all work, and any such persons
equipment, and fixtures includes, but is not limited to shall forthwith stop work and suspend all building activities
apparatuses, devices, fixtures, piping, hangers, pine until the stop-work order has been rescinded. Such order
covering wiring, and fittings, and materials used as part of, or and notice shall be in writing, shall state the conditions under
in connection with, such installations. Piping materials and which the work may be resumed and may be served either
fittings shall be capable of withstanding, without leakage. the by delivering it personally or by posting it conspicuously
pressures exerted on such materials and fittings due to head where the work is being performed and sending a copy of it
pressure in the event of a stoppage in any drain or storm by mail to the address set forth in the permit application..
line. It is hereby certified, pursuant to Section 3-19 of the Charter
It is hereby certified, pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of the
of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary.
foregoing ordinance is necessary. APPROVED AS TO FORM
APPROVED AS TO FORM NOTE: Matter in brackets is to be deleted,
NOTE: Matter in brackets is to be deleted, matter underlined is new.
matter underlined is new. PASSED
PASSED AYES - 9 NOES - 0
AYES - 9 NOES - 0
NO. 233
BY: MR. FONTANA NO. 235
RE: ORDINANCE AMENDMENT BY: MR. FONTANA
CHAPTER 326, PLUMBING RE: ORDINANCE AMENDMENT
The Common Council of the City of Buffalo does hereby CHAPTER 326, PLUMBING
ordain as follows: The Common Council of the City of Buffalo does hereby
That the Code of the City of Buffalo be amended to read as ordain as follows:
follows: That the Code of the City of Buffalo be amended to read as
326-29. Storm water retention. follows:
A. All new parking lots or other new paved and § 326-20. Plans and specifications.
drained areas where the collected storm water load would A. The Commissioner may require the submission
surpass that of the sewer system into which it would and approval of plans and specifications in [duplicate]
discharge, shall have a complete storm water retention triplicate showing the nature and extent of the proposed
system designed by an architect or engineer and approved work before a permit is issued. If, in the course of the work,
by the Chief Plumbing Inspector and the Sewer Authority, as it is found necessary to make any change from the approved
part of their construction. plans and specifications on which a permit has been issued,
B. In all cases where a change in the potential peak amended plans and specifications shall be submitted; and, if
amount of storm water collected from a paved and drained approved, a supplementary permit shall be issued to cover
parking lot, other paved and drained area, or drained the change after the same conditions required to secure the
collection area would create a new storm water load that original permit have been satisfied.
would be larger than the load capacity of the storm drainage B. Plans and specifications where required by the
system through which, or the sewer system into which it administrative authority in Subsection A shall include a plan
discharges, a complete storm water retention system view and a riser diagram showing the work. Such plans
designed and drawn by an architect or engineer and shall show the direction of flow, pipe size, grade of horizontal
approved by the Chief Plumbing Inspector and the Sewer piping, elevations and drainage fixture unit loading of both
Authority shall be installed. stacks and drains on drain, waste and vents, and the supply
It is hereby certified, pursuant to Section 3-19 of the Charter fixture unit load for water system and any branch supplies
of the City of Buffalo, that the immediate passage of the which serve more than one plumbing fixture, appliance or
foregoing ordinance is necessary. hose outlet. Symbols used thereon shall be in accordance
APPROVED AS TO FORM with accepted engineering practice. In addition, submissions
NOTE: Matter strike through is to be deleted, shall conform to the following):
matter underlined is new. (1) Site wok
PASSED Plans shall show all water, sanitary, storm, and gas piping),
AYES - 9 NOES - 0 for any work on the building exterior or paved areas. and
shall show any work oil exterior and interior downspouts. All
NO. 234 work must be shown on drawings labeled "site drawing".
BY: MR. FONTANA (a) All roof, pavement, or storm piping-, must list the
RE: ORDINANCE AMENDMENT total square footage of drainage being picked up by each
CHAPTER 326, PLUMBING individual section of piping being run. T h, in inches per foot,
The Common Council of the City of Buffalo does hereby for piping being installed shall be included.
ordain as follows: (b) All catch basins for pavement drainage must be 5
That the Code of the City of Buffalo be amended to read as Fr. by 3 Fr. exterior dimensions. If site conditions preclude
follows: this size (for example bedrock). Prior permission must be
§ 326-27_Stop-work orders. received by the Plumbing Department. All catch basins must
Whenever the Commissioner has reasonable grounds to list the square footage of area collected. All catch basins
believe that work on any building [or] structure, or lot is being must be piped off the main storm line. Piping may only exit a
catch basin, not enter it. Prior approval from the Plumbing rodding equpment. ( Excluding,, I- or 2-farnily dwellings,
Department is required for any design with piping entering a cleanouts on horizontal rut-is shall be installed above the
catch basin. Catch basins shall be centrally located to the flood level of the highest fixture whenever possible
area being drained whenever possible, to prevent rainwater (t) Floor drains subject to evaporation. or not
from having) to run long distances. Catch basins shall be designed to receive a sufficient flow of water to maintain
trapped internal1v according- to catch basin details their seals. shall be equipped with a trap primer device.
standards acceptable to the Plumbing Department. Such device shall be accessible.
(C) Conductor piping. when entering a city (g) Except for residential use, all plumbing drawings
combination sewer. must be trapped, either individually or a shall list the Use/Occupancy classification and employees
single trap not to exceed 10 inches in diameter. These traps expected during periods of peak use
shall be installed. whenever possible. within 5 Fr. of the (h) All building serving- food of any kind (which has
outside of exterior walls. not been purchased and sold prepackaged) with disposable
(d) Storm and sanitary piping, shall not be combined eating_, utensils shall have a 3 compartment sink and
without approval of the Buffalo Sewer Authority and the separate hand sink for employee use in the kitchen area An
Plumbing Department. When combined, this shall occur adequately sized grease trap shall be required for
on the building exterior, downstream of any traps establishments serving any grease- or oil-containing foods,
(e) Plans and calculations for storm water retention or such used in food preparation.
must be submitted to the Buffalo Sewer Authority (i)Oil interceptors, where required, shall not tie into the
for approval. The Plumbing Department sanitary system until downstream of the house trap .
requires retention systems to be made via oversized piping (J) All elevator pits shall be drained. If sump pumps
or a piping field. Any alternate systems must first receive are installed, the discharge piping shall exit beneath the nit
Sewer Authority and the Plumbing Department. floor, and may then rise attached to the pit wall exterior. Oil
(f) All site sanitary piping shall show the total fixture interception devices shall not be required as long as
load being conveyed, as well as the pitch per foot of each acceptable maintenance is provided. The inclusion, as
Fixture counts are not
necessary, of interception devices shall be at the discretion
run of piping. (Exception:
of the design professional.
required for 1-or 2-farnilv dwellings). A house trap
(k)Sump Pumps shall be indirectly installed into a conductor
with fresh-air inlet shall be installed on all building
line. Any other tie-in must receive prior permission from the
sewers. Such trap shall be located 5 Fr. from the
Plumbing Department.
foundation wall. Slight distance variations will be
It is hereby certified, pursuant to Section 3-19 of the Charter
of the City of Buffalo, that the immediate passage of the
permitted to keep the trap from being located under
foregoing ordinance is necessary.
all undesirable area (for example in a sidewalk)
APPROVED AS TO FORM
(g) All required cleanouts and manholes must be
NOTE: Matter in brackets is to be deleted,
shown on the site drawing,
matter underlined is new.
(h) Standard Buffalo Sewer Authority detail must be
PASSED
shown for any tie-ins to Sewer Authority System.
AYES - 9 NOES - 0
G) Water main location and size for potable water
must be shown. Water fixture unit count for the incoming
NO. 236
service shall be listed.
BY: MR. FONTANA
(j) Gas service piping-,, and size, for the buildings,
RE: ORDINANCE AMENDMENT
must be shown.
CHAPTER 326, PLUMBING
(k) Any utilization of existing,) services shall be noted
The Common Council of the City of Buffalo does hereby
on drawing, including the size. Utilization of existing
ordain as follows:
services must be approved by the Plumbing Department
That the Code of the City of Buffalo be amended to read as
(where applicable approval by the Buffalo Sewer Authority
follows:
or Buffalo Water Department for raising,, existing services
§ 326-16. Exceptions: Terms and conditions under which
is required). Existing services shall not be used for new I-
Building Permits and Building Permit fees are not
or 2-family homes. nor for townhouses capable of being
required[Exceptions}
individually Owned.
deleted section available for review in the City Clerk’s Office
(2) Interior or Building_Plumbing
1. Repairs to Existing Plumbing Installations in Existing One
All the following must be shown on listed on the
-
and Two Family Dwellings -which are limited to.
architectural_or floor plan draws
a. The repair in part or whole of any faucet. or supply tubes
(a) A piping plan sizes, for all water. drainage, vent,
and fixture stops attached to said faucet
and gas pipings shall be shown. Additionally, a detailed
b. The unblocking of stoppages of drains, which does not
isometric drawing for same shall be shown. The fixture unit
entail cutting out any section of drain past the fixture trap
Count for all stacks, building drains and building drain
The repair of tubular drain assemblies and their connection
branches shall be listed.
to any sink or bathtub
(b) All required shutoffs shall be shown.
d. The repair of water closet stop valves, supply tubes, and
(c) A detailed drawing of the mechanical room, with
flushing mechanisms
emphasis on the incoming water service, including meter
e. The repair of any existing plumbing fixture, excluding Hot
and RPZ valve details. shall be shown. The hot water tank
Water Tanks, and
and recirculation system where applicable must be detailed.
f. The repair of sections of piping for the water distribution
(d) An access panel to service the bathroom or
system to repair leaks provided the piping is located
whirlpool waste and overflow, for any without easy basement
aboveground or -above the floor in a basement or cellar, and
access, shall be included and shown.
the repair does not encompass more than twenty (20) lineal
(e) All cleanouts as installed in any overhead location.
foot of piping.
Clean outs shall not be installed in a crawlspace with less
Resident Homeowners and appropriately licensed Plumbing,
than a 4 ft. clearance. Such clearance must be direct, with
Contractors may make such Repairs to existing installations,
no floor height or overheadobstructions to impede transfer of
consistent with the definition of "Repairs". without applying
for and obtaining ., a Plumbing Permit and paying Plumbing, 4. Replacements in-kind to Plumbing Installations at
Permit fees. Existing Commercial Buildings which are limited to:
However, even when Plumbing Permits are not required, all a. The replacement in-kind in. part or whole of any faucet, or
installations, materials, parts, elements, components, supply tubes and fixture stops attached to said faucet
fixtures, fittings, assemblies or systems used in such Repairs b. The unblocking of stoppages of drains. which does not
must conform to current plumbing code requirements. as entail cutting out any section of drain. past the fixture trap
well as current BCNYS Building and Energy Code c. The replacement in-kind of tubular drain
requirements and City Charter Codes and Ordinances. assemblies and their connection to any sink or bathtub
No other Plumbing Repairs may be made in Existing One d. The replacement in-kind of water closet stop
and Two Family Dwellings without first obtaining a Plumbing valves, supply tubes, and flushing mechanisms, and
Permit and pqying Plumbing Permit fees. e. The replacement in-kind of urinal flush valve systems.
2. Repairs to Existing Plumbing Installations in Maintenance Personnel and appropriately licensed Plumbing
which are limited to.-
Existing Commercial Buildings Contractors may make such Replacements in-kind to
a. The repair in part or whole of any faucet, or supply existing installations, consistent with the definition of
tubes and fixture stops: attached to said faucet "Replacements in-kind", without applying for and obtaining a
b. The unblocking of stoppages of drains, which does not Plumbing Pen-nit and paying Plumbing Permit fees.
entail cutting out any section of drain past the fixture trap c. However, even when Plumbing Permits are not required. all
The repair of tubular drain assemblies with their connection installations, materials, parts, devices, assemblies. systems
to any sink or bathtub and fixtures Used in such. Replacements in-kind must
d. The repair of water closet stop valves, supply conform to current plumbing code requirements, as well as
tubes, and flushing mechanisms. and current BCNYS Building and Energy Code requirements and
e. The repair of urinal flush valve systems. City Charter Codes and Ordinances.
Maintenance Personnel and appropriately licensed Plumbing No other Replacements in-kind of Plumbing parts. elements,
Contractors may make such Repairs to existing installations, components, fixtures, fittings, assemblies or systems may
consistent with the definition of "Repairs", without applying be made in Existing Commercial Buildings without first
for and obtaining a plumbing Permit and paying Plumbing obtaining a Plumbing Permit and paying Plumbing Permit
Permit fees. fees
However. even when Plumbing Permits are not required, 5. Service work to Existing Plumbing Installations at Existing
-
installations. all materials, parts, elements. components, One and Two family Dwellings which is limited to.
fixtures, fittings, assemblies or systems used in such Repairs a. Fixtures
must conform to current plumbing code requirements, as b. Appliances
well as current BCNYS Building and Energy Code c. Hot Water Tanks, and
requirements and City Charter Codes and Ordinances. d. Pumps.
No other Plumbing Repairs may be made in. Existinjg Resident Homeowners, Factory-Certified Service
Commercial Buildings without first obtaining a Plumbing Technicians, and appropriately licensed Plumbing
Permit mid paying Plumbing Permit fees. Contractors may perform periodic service work on. such.
3 Replacements kind Existing plumbing installations at installations without applying for and obtaining a Plumbing
Existing One and Two Family Dwellings which are limited to:Permit and Pqying Plumbing Pen-nit fees.
a. The replacement in-kind in part or whole of any faucet, or However, even when Plumbing Permits are not required, all
supply tubes and fixture stops attached to said faucet installations, materials, parts, devices, assemblies, systems
b. The unblocking of stoppages of drains. which does not and fixtures used in such service work must conform to
entail cutting out anysection of drain. past the fixture trqp current plumbing code requirements, as well as current
c. The re-placement in-kind of tubular drain BCNYS Building and Energy Code requirements and City
assemblies and their connection to any sink or bathtub Charter Codes and Ordinances.
d. The replacement in-kind of water closet stop 6. Service work to Eyisting.PlumbiL7g Installations at
-
valves, supply tubes, and flushing mechanisms Existing Commercial Buildings which is limited to.
e. The replacement in-kind of any existing plumbing a. Fixtures
fixture, excluding Hot Water Tanks, and b. Appliances
f The replacement in-kind of sections of piping for the water c. Hot Water Tanks, and
distribution system to repair leaks provided the piping is d. Pumps.
located aboveground or above the floor in a basement or Factory-Certified Service Technicians, Maintenance
cellar, and the repair does not encompass more than twenty Personnel, and appropriately licensed Plumbing Contractors
(20) lineal foot of piping. may perform periodic service work on such installations
Resident Homeowners and appropriately licensed without applying for and obtaining-,, a Plumbing Permit and
Plumbing Contractors may make such Replacements in-pqying Plumbing Permit fees.
kind to existing installations, consistent with the definition However, even when Plumbing Pen-nits are not required, all
of "Replacements in-kind", without applying for and installations, materials, parts, devices, assemblies. systems
obtaining a Plumbing Permit and paying Plumbing Pen-nit and fixtures used in such service work must conform to
fees. current plumbing code requirements, as well as current
However, even when Plumbing Permits are not required, BCNYS Building and Energy Code requirements and City
all installations, materials. parts, elements, components, Charter Codes and Ordinances.
fixtures, fittings. assemblies or systems Used in such A City licensed Master Plumber or journeyman Plumber who
Replacements in-kind must con-fom-1 to current plumbing is supervised by a Master Plumber, both of whom are
code requirements, as well as current BCNYS Building licensed by the City of Buffalo, may, as an employee of a
and Energy Code requirements and City Charter Codes factory or plant, perform Plumbing work- in such factory or
and Ordinances. No other Replacements in-kind of plant.
plumbing parts, elements, components, fixtures, fittings, 7. Installation of llisted Portable Plunbing.Equipment
assemblies or systems may be made in Existing One and and Appliances at ExistingOne and Two Familv Dwellings.
Two Family Dwellings without first obtaining a Plumbing Homeowners and appropriately licensed Handymen and
Permit and -paving Plumbing Permit fees. Plumbing Contractors may make such plumbing
Replacements in-kind, consistent with the definition of AYES - 9 NOES - 0
"Replacement in kind". or Installations without applying for
and obtaining a Plumbing Permit and paying Plumbing NO. 239
Permit fees. BY: MR. FONTANA
8.Installation of Listed Portable Plumbing Eguipment and RE: ORDINANCE AMENDMENT
appliances at existing Commercial BuildingCHAPTER 341. DISPLAY OF SLAUGHTERED GAME
Maintenance Personnel and appropriately licensed The Common Council of the City of Buffalo does hereby
Handyman, Plumbing Contractors and Construction ordain as follows:
Managers may make such plumbing Replacements in-kind, That the Code of the City of Buffalo be amended to read as
consistent with the definition of "Replacement in-kind", or follows:
Installations without applying for and obtaining a PIumbing [341 6.1 Display of slaughtered game]
Permit and paying Plumbing Permit fees. deleted section available for review in The City Clerk’s Office
All other Plumbing work must be performed by a Plumbing It is hereby certified, pursuant to Section 3-19 of the Charter
Contractor, licensed by the City of Buffalo. of the City of Buffalo, that the immediate passage of the
All other a Plumbing Permit and the payment of a Plumbing foregoing ordinance is necessary.
Permit fee - See Flat F -,e and Area-Calculated Fee Sc APPROVED AS TO FORM
schedules. NOTE: Matter in brackets is to be deleted,
It is hereby certified, pursuant to Section 3-19 of the Charter matter underlined is new.
of the City of Buffalo, that the immediate passage of the PASSED
foregoing ordinance is necessary. AYES - 9 NOES - 0
APPROVED AS TO FORM
NOTE: Matter strike through is to be deleted, NO. 240
matter underlined is new. BY: MR. FONTANA
PASSED RE: ORDINANCE AMENDMENT CHAPTER 511, ZONING
AYES - 9 NOES - 0 The Common Council of the City of Buffalo does hereby
ordain as follows:
NO. 237 That the Code of the City of Buffalo be amended to read as
BY: MR. FONTANA follows:
ORDINANCE AMENDMENT 511-156. Legislative intent.
CHAPTER 341 The intent of this article is to establish Guidelines for the
The Common Council of the City of Buffalo does hereby location of communications towers and antennas to protect
ordain as follows: residential areas and land uses by minimizing potential
That the Code of the City of Buffalo be amended to read as adverse impacts of communications towers and antennas;
follows: encourage the location of communications towers and
§ 341-11. Fowl. antennas in nonresidential areas, minimize the total number
A. -It shall be unlawful for any person to keep any of communications towers throughout the City of Buffalo )y
chicken, pigeon, turkey, duck or encouraging collocation on any new or existing
any fowl in any residential or commercial district in any communications towers; encourage the location of
building or structure [dwelling] or on the same lot or communications towers and antennas in areas where any
premises[as to cause a nuisance] adverse impact on the community is minimal, encourage the
B. It shall be unlawful for any person to keep any construction and use of communications towers and
chicken, pigeon, turkey, duck or any fowl in any antennas in a wav that minimizes the adverse visual impact
manufacturing district more restrictive than M2 of the communications towers and antennas through careful
structure or on the,, same lot or premises. design, sting and landscaping.- screening; enhance the
It is hereby certified, pursuant to Section 3-19 of the ability of the providers of telecommunications services to
Charter of the City of Buffalo, that the immediate passage provide such services to the community in a quick, effective
of the foregoing ordinance is necessary. and efficient manner; and protect the public health and
APPROVED AS TO FORM safety by ensuring that communications towers and
NOTE: Matter in brackets is to be deleted, antennas are constructed and located in a safe manner.
matter underlined is new. §511-157. Definitions.
PASSED The definitions applicable to this article are contained in
AYES - 9 NOES - 0 Article XXIX of Buffalo Code Chapter 51 1, in addition to the
general definitions applicable to the Code of the City of
NO. 228 Buffalo.
BY: MR. FONTANA §511-158.1. Permit required for communications towers
ORDINANCE AMENDMENT and antennas application.
CHAPTER 341 A. General. All newly constructed, relocated, rebuilt
The Common Council of the City of Buffalo does hereby or extended communications towers and antennas shall
ordain as follows: Comply with the provisions of this article. No person shall
That the Code of the City of Buffalo be amended to read as construct, maintain or operate a communications tower or
follows: antenna without complying with the provisions of this article.
[§ 341 10. Domestic animals and pets] B. Application for a building permit for
deleted section available for review in the City Clerk’s Office communications towers and antennas. All persons seeking
It is hereby certified, pursuant to Section 3-19 of the Charter to construct, locate, rebuild, relocate or extend a
of the City of Buffalo, that the immediate passage of the communications tower and antenna in the City of Buffalo
foregoing ordinance is necessary. shall make written application to the Commissioner of the
APPROVED AS TO FORM Department of Permit and Inspection Services for a building
NOTE: Matter in brackets is to be deleted, permit. The application shall include the following
matter underlined is new. information and items:
PASSED
1 An Inventory of its existing Communications towers and (7) The appropriate fee as established by the
antennas-,sites approved for communications towers and Common Council. (See Buffalo Code Chqpter 175, Fees.)
antennas that are within the jurjsdiction of the City of Buffalo (8) Evidence to demonstrate that the proposed
and within one mile detailed information about the lo Nations location of the communications tower or antenna is
height and designation each communications tower and necessary to provide telecommunications services. Such
antenna. evidence shall include a search rin2 which depicts a map
(2) A detailed site plan for the proposed communications demonstrating the area within which the communications
tower or antenna showing, at a minimum, the exact location tower or antenna needs to be located in order to provide
of the proposed communications tower or antenna together proper signal strength and coverage. Such evidence shall
with guy wires anchors if applicable the maximum height of also include propagation studies demonstrating existing
the proposed communications tower; a description of the signal coverage contrasted with the proposed signal
communications , such as monopole, lattice guyed or other coverage resulting from the proposed communications
type-..the color of the communications tower and antenna; tower or antenna. The Commissioner of the Department
the location, type and intensity of any proposed lighting on of Permit and Inspection Services may require that the
the communications tower or antenna; a property survey applicant submit a search ring and propagation study
identifying the property boundaries of the proposed location; prepared and approved by a qualified radio frequency
the location of all structures on the property and all engineer, professional engineer or other qualified
structures on any adjacent property within I 00 feet of the individual.
property lines, to )either with the distance of the (9) In the event that the applicant is seeking approval
structures to the communication antenna; the names of for an antenna to be mounted or attached on an existing
adiacent landowners; the location, nature and extent of communications tower, building or structure, the applicant
proposed fencing, Iand location and nature of proposed shall provide a structural analysis verifying the ability of the
utility easements and access roads, if applicable; and communications tower, building or structure to handle the
building elevations of accessory structures or immediately antenna.
adjacent buildings, If the applicant does not own the 10) Evidence to demonstrate that the height requested for
property at the proposed location, the applicant shall the proposed communications tower or antenna is the
provide the name and address of the owner and proof of minimum height necessary.
the owner's consent which shall be evidenced by the 11) Evidence to demonstrate the applicant's reasons for s
owner's signature on the application or by a separate proposed location and the availability or lack of availability
notarized written instrument setting , for-the owner's of a suitable structure within the applicant's search ring of
consent and authorization. In the event that the ownership the city which would have allowed for a collocated antenna
of the property charges after the filing of the application, or mounting on an existing structure. The applicant shall
the applicant shall notify the Commissioner of the provide information showing that it has made a good faith
Department services of this change and identify the name and diligent effort to collocate on existing towers or other
and address of the new owner. available and appropriate structures and/or to construct
(3) A description of the backhaul network identifying new communications towers and antennas near existing
the service to the telecommunications tower and antenna communications towers and antennas in an effort to
and describing the location of the lines providing such consolidate by, among other things, submitting
service. Such description shall include information correspondence which has been presented by the
sufficient for the Commissioner of the Department of applicant to other telecommunications providers
Public Works, Parks and Streets to determine whether any requesting collocation.
portion of the backhaul network is within city right-of-way (12) In the event that the proposed location is in an
and describing where the lines providing service to the historic district designated under Buffalo Code 337, that
telecommunications tower or antenna cross city right-of-the applicant shall submit proof that a certificate of
way. apparitions has been obtained.
(
(4) Sufficient proof that the applicant is a licensed
13) The applicant must submit a copy Of its D( g
FCC telecommunications provider or has in place
collocation on any proposed communications tower or
agreements with an telecommunications shall provider for
antenna with other potential future Applicants. Such policy
use or lease of the communications tower or antenna.
should at a minimum allow collocation in the event that the
A statement by the applicant certifying that the
(5)
new communications tower or antenna does not exceed
communications tower and/or antenna and any equipment
structural loading requirements and that the party desiring
used therewith will .be operated in accordance with the
to collocate has a similar policy for collocation for the
requirements of the license issued by the F C and will
applicant. other information as may be reasonably
comply with any and all applicable regulations
requested the Commissioner of the Department of Permit
promulgated by the FCC. Such statement shall be
and Inspection Services.
accompanied by M information submitted to the FCC or
4 511-159.1 Referral to City Plannin2 Board or other
other agencies relating to the environmental evaluation of
appropriate city a2encies.
electromagnetic car radio frequency emissions Ld
The Commissioner of the Department of Permit and
exposure
Inspection Services shall refer the application to the C
from the applicants facilities. The Commissioner of
Board. The City Planning Board is hereby authorized to
and
make recommendations to the Commissioner of the
Inspection Services may require the gpplicant to submit a
Department of Permit and Inspections Re Services to fulfill
safety analysis of the
the intent and purpose of this article and the
applicant's facilities and the environment surrounding the
Commissioner may include such recommendations as
proposed communications tower or antenna prepared by a
conditions to any permit issued under this article. The
qualified individual, or other appropriate information, to
Commissioner may also refer the application to other
ensure that such emissions and exposure do not exceed
appropriate agencies, including but not limited to the
applicable federal standards.
Department of Public Works and the Zoning Board of
(6) A completed environment assessment form.
Appeals.
011-159.2 General standards for communications (3) That the proposed location meets the zoning
towers and antennas. requirements contained in Buffalo Code Chapter 51 1, Article
A. All communications towers and antennas shall be XXIX.
constructed in accordance with all applicable laws, rules (4) That all necessary referrals and approvals have
and regulations and maintained in good ordeL4pd repair. been performed and obtained.
B. All communications towers and antennas must C. Denial of application. Any denial of an application
comply with the provisions of Buffalo Code Chapter 51 1, by the Commissioner shall be made in writing and contained
Article XXIX in a written record specifying the reasons for the denial.
C. The qpplicant must comply with all applicable state 511-159.4 City-owned locations.
and federal regulations, including but not limited to FAA In addition to complying-with the requirements of this article,
and FCC regulations. Any permit or authorization granted any applicant desiring to construct, operate or maintain a
hereunder shall be conditioned on the qpplicant's communications tower and antenna on a city-owned
operation of the facility in accordance with all provisions of location shall enter into a lease for the property subject to
its FCC license and all applicable FCC rules and terms and condtions may be
regulations. 4511-159.5 Severabilitv.
D. During the application process and every three If any clause, sentence, paragraph or pa t of this ordinance
years after construction or placement of a communications or qpplication thereof to_any person or circumstance shall
tower or antenna, the applicant/owner shall-provide a be adjudged by any court to be invalid such judgment shall
certification from a qualified professional engineer not affect, impair or invalidate the remainder thereof to
registered in the State of New York certifying that the other persons and circumstances but shall be confined in its
communications tower or antenna meets applicable operation to the clause- sentence. paragraph or part thereof
structural safety standards. and the persons and circumstances directly involved in the
E
controversy in which such judgement shall have been
. The qpplicant shall agree to remove the
rendered.
communications tower or antenna if it becomes technically
APPROVED AS TO FORM
obsolete or ceases to be used for its intended purpose for
Michael B. Risman
six consecutive months. The Commissioner of the
NOTE: Matter in brackets is to be deleted, matter underlined
Department of Permit and Inspection Services shall
is new.
require the applicant to provide a demolition bond, in a
REFERRED TO THE COMMITTEE ON LEGISLATION
form approved by the Law Department, in an amount of at
least the cost of removing the tower or antenna. The cost
NO. 241
of the removal shall be certified by a New York State
RE: ORDINANCE AMENDMENT
licensed professional engineers In no event shall the
CHAPTER 51 1, ZONING
amount of the bond be less than the cost of removal in the
The Common Council of the City of Buffalo does hereby
event that the applicant fails to remove the
ordain as follows:
communications tower or antenna. The sufficiency of the
That the Code of the City of Buffalo be amended to read as
bond shall be confirmed at least every five years by an
follows:
analysis
011-119.1. Stop-work orders.
conducted by a New York State licensed professional
Whenever the Commissioner has reasonable grounds to
engineer. If the bond amount in force is insufficient to
believe that work on any building, structure, or lot is being
cover the cost of demolition and r all be immediately
performed in violation of the provisions of the applicable
increased to cover such amount.
building laws, ordinances or regulations or not in conformity
F. Prior to obtaining a building permit under this
with the provisions of the accepted permit application, plans
article, the applicant shall certify that all franchises and
or specifications and revisions thereof or in an unsafe and
licenses required by any governmental entity. including the
dangerous manner or without a required permit, the
City of Buffalo, have been obtained and shall file a copy of
Commissioner shall notify the owner of the property or the
all required franchises and licenses with the Commissioner
owner's agent to suspend all work, and any such persons
of the f Permit and Inspection Services.
shall forthwith Stop work and suspend activities until the
G. Upon request of the Commissioner or his
stop-work order has been rescinded. Such order and notice
designee, but not more frequently that once a year, any
shall be in writing shall state the conditions under which the
person issued a permit under this article shall submit an
work may be resumed and may be served either by
updated safety analysis to ensure that the electromagnetic
delivering it personally or by nostin2 it conspicuously where
radiation exposure and emissions surrounding the site do
the work is being performed and sending a copy of it by mail
not exceed applicable federal standards and continue to
to the address set forth in the permit qpplication.
meet such standards. Such analysis shall be prepared by
NOTE: Matter strike through is to be deleted,
a qualified electminagnetic engineering specialist or health
matter underlined is new.
Professional qualified to conduct such an analysis.
REFERRED TO THE COMMITTEE ON LEGISLATION
511-159.3 Decision on application by Commissioner.
A. The Commissioner shall respond to an application
NO. 242
filed under this article within 90 days after receiving it by
BY: W FONTANA
either approving the application and granting a building
ORDINANCE AMENDMENT CHAPTER 51 1, ZONING
permit or denying the application. The ninetv-dav period
The Common Council of the City of Buffalo does hereby
may be extended by the Commissioner upon good cause.
ordain as follows:
B. The Commissioner shall base its decision on the
That the Code of the City of Buffalo be amended to read as
following criteria:
follows:
(1) That the applicant has complied with the
§5114, Definitions
requirements of this article.
ACCESSIBILITY - Pertaining to or having to do with the
(2) That a review under the State Environmental
handicap access provisions of the American National
Quality Review Act EN has been conducted.
Standards Institute (ANSI) Reference Standard ICC/ANSI Al
17.1-98,
APPLICATION FEE -- the first of two fees associated-with That the Code of the City of Buffalo be amended to read as
obtaining a building permit, which fee is 12aid upon follows:
submission of construction documents to the permit office in § 511-56. Elmwood Avenue Business District.
the case of a permit requiring such documents, and in the D. Restricted uses; Council permission required.
case of simple permits not requiring any documentation (2) The following are uses permitted in this district
other than a copy of the building contract is paid together which exceed the maximum floor area or the bulk-density
with the second fee (permit fee) upon obtaining a permit. regulations: tattoo and body piercing parlors.
The application fee covers work associated with registration, APPROVED AS TO FORM
application and plan review for a permit. Michael B. Risman
APPURTENANCE -- a lesser part or component that is an NOTE: Matter strike through is to be deleted,
appendage or accessory to a whole system, and whose matter underlined is new.
function is incidental or accessory to the system to which it is REFERRED TO THE COMMITTEE ON LEGISLATION
connected.
ASSEMBLY - NO. 245
A. With reference to materials assembly(ies) in a BY: MR. FONTANA
all the materials, parts, elements
building. structure or lot - RE: ORDINANCE AMENDMENT
and components which once integrated by construction or CHAPTER 51 1, ZONING
fabrication comprise a physical unit or distinct entity within The Common Council of the City of Buffalo does hereby
the constructed whole. ordain as follows:
as one of the
B. With reference to Public AssembIy That the Code of the City of Buffalo be amended to read as
0Cg!pqncv1Tjse classifications as
defined in section 303. 1 follows:
-- AssembIy Group A
of the the Building Code ofYork State § 511-57. Allen Street District.
occupancy includes, among others, the use of 4 building or C. Permitted uses shall be as follows:
structure, or a portion thereof, for the gathering together of (3) Any of the following listed uses may be
persons for purposes such as civic, social or religious established or extended, separately or in combination with
functions, recreation,, food or drink consumption or awaiting other uses permitted in this district, if in compliance with all
transportation. A room or space used for assembly the regulations of this chapter, but only on the issuance of a
purposes by less than 50 persons and accessory to another restricted use permit pursuant to § 511-55 of this chapter:
occupancy shall be included as a part of that occupancy. Eating and drinking places, excluding drive-in restaurants
BOARD -- The Zoning Board of Appeals. High-rise apartments
Rest available in the City Clerk’s Office Low-rise apartments
REFERRED TO THE COMMITTEE ON LEGISLATION Special training or schooling, except those permitted as a
matter of right
NO. 243 Tattoo and body-piercing parlors
BY: MR. FONTANA APPROVED AS TO FORM
ORDINANCE AMENDMENT CHAPTER 51 1, ZONING Michael B. Risman
The Common Council of the City of Buffalo does hereby NOTE: Matter strike through is to be deleted,
ordain as follows: matter underlined is new.
That the Code of the City of Buffalo be amended to read as REFERRED TO THE COMMITTEE ON LEGISLATION
follows:
§ 511-53. Special Delaware Review District. NO. 246
D. Restricted use permits. Any of the following listed BY: MR. FONTANA
uses may be established or extended, separately or in RE: ORDINANCE AMENDMENT
combination with other uses permitted in this district, if in CHAPTER 51 1, ZONING
compliance with all the regulations of this chapter, but only The Common Council of the City of Buffalo does hereby
upon the issuance of a restricted use permit obtained ordain as follows:
pursuant to the provisions of § 511-55 of this chapter: That the Code of the City of Buffalo be amended to read as
Automobile repair services, but not collision work follows:
Automobile wash services § 511-58. Special Delaware Review District.
Billboards D. Restricted use permits. Any of the following listed
Billiard parlors uses may be established or extended, separately or in
Dance halls and nightclubs combination with other uses permitted in this district, if in
Eating and drinking places compliance with all the regulations of this chapter, but only
Gasoline service stations upon the issuance of a restricted use permit obtained
Laundry, dry-cleaning and dyeing services, including self-pursuant to the provisions of § 511-55 of this chapter:
service facilities Automobile repair services, but not collision work
Takeout service, prepared food Automobile wash services
Tattoo and body-piercing parlors Billboards
APPROVED AS TO FORM Billiard parlors
Michael B. Risman Dance halls and nightclubs
NOTE: Matter strike through is to be deleted, Eating and drinking places
matter underlined is new. Gasoline service stations
REFERRED TO THE COMMITTEE ON LEGISLATION Laundry, dry-cleaning and dyeing services, including self-
service facilities
NO. 244 Takeout service, prepared food
BY: MR. FONTANA Tattoo and body-piercing parlors
RE: ORDINANCE AMENDMENT APPROVED AS TO FORM
CHAPTER 51 1, ZONING NOTE: Matter strike through is to be deleted,
The Common Council of the City of Buffalo does hereby matter underlined is new.
ordain as follows: REFERRED TO THE COMMITTEE ON LEGISLATION
The Common Council of the City of Buffalo does hereby
NO. 247 ordain as follows:
BY: MR. FONTANA That the Code of the City of Buffalo be amended to read as
RE: ORDINANCE AMENDMENT follows:
CHAPTER 51 1, ZONING § 511-68.3. Abbott/McKinley Special Zoning District.
The Common Council of the City of Buffalo does hereby [Added 7-22-2003, effective 84-20031
ordain as follows: That the Code of the City of Buffalo be E. Restricted uses. No use shall be permitted in the
amended to read as follows: Abbott/McKinley Special Zoning District which is a use for
§ 511-66. Residential Overlay Parking Districts. dance halls, nightclubs, car washes, eating and drinking
D. Permit to install individual parking areas. establishments, take-out food places, tattoo and b
(1) A permit to build and use a paved parking area as 2dy:pj@@@parlors, billiard parlors and amusement
permit in the Residential Overlay Parking District must be arcades, except as permitted by Subsection F of this section.
obtained from the Commissioner of Public Works permits F.Restricted use permit.
and Inspection Services. Each application must be (1) Any of the following listed uses may be
accompanied with a survey that is deemed acceptable by established or extended, separately or in combination with
the Commissioner. On a survey, or on an accurate plot plan other uses permitted in this district, if in compliance with all
deemed acceptable by the Department, the location of of the regulations of this chapter, and then only if a restricted
use permit is issued pursuant to § of this chapter:
buildings on the lot, the location and width of the sidewalk, 511-55
the curbline, any bus stop sign, bus passenger shelter, Amusement arcades
public telephone, utility pole, fire hydrant, gas, water or Bars
sewer line shutoffs or vents, trees and any other permanent Billiard parlors
obstruction shall be shown. The proposed parking area shall Car washes
be indicated. Dance halls
NOTE: Matter strike through is to be deleted, Eating and drinking establishments
matter underlined is new. Nightclubs
APPROVED VAS TO FORM Take-out food places
MICHAEL B. RISMAN Tattoo and body piercing parlors
PASSED NOTE: Matter strike through is to be deleted,
AYES - 9 NOES - 0 matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 248
BY: MR. FONTANA NO. 250
ORDINANCE AMENDMENT CHAPTER 51 1, ZONING BY: MR. FONTANA
The Common Council of the City of Buffalo does hereby RE: ORDINANCE AMENDMENT
ordain as follows: CHAPTER 51 1, ZONING
That the Code of the City of Buffalo be amended to read as The Common Council of the City of Buffalo does hereby
follows: ordain as follows:
§ 511-68.2. South Park Special Zoning District. [Added 7-That the Code of the City of Buffalo be amended to read as
22-2003, effective 8-420031 follows:
E. Restricted uses. No use shall be permitted in the § 511-64. Seneca Street District.
South Park Special Zoning District which is a use for dance E. Restricted uses. No use shall be permitted in the
halls, nightclubs, car washes, eating and drinking Seneca Street Special Zoning District which is a use for
establishments, take-out food places, tattoo and body-dance halls, nightclubs, car washes, eating and drinking
piercing 'parlors, billiard parlors and amusement arcades, establishments, takeout food places, tattoo and body-
except as permitted by Subsection F of this section. piercing parlors, billiard parlors and amusement arcades,
F.Restricted use permit. except as permitted by Subsection F of this section.
(1) Any of the following listed uses may be F.Restricted use permit.
established or extended, separately or in combination with (1) Any of the following listed uses may be
other uses permitted in this district, if in compliance with all established or extended, separately or in combination with
of the regulations of this chapter, and then only if a restricted other uses permitted in this district, if in compliance with all
use permit is issued pursuant to § 511-55 of this chapter: of the regulations of this chapter, and then only if a restricted
Amusement arcades use permit is issued pursuant to § 511-55 of this chapter:
Bars Amusement arcades
Billiard parlors Bars
Car washes Billiard parlors
Dance halls Car washes
Eating and drinking establishments Dance halls
Nightclubs Eating and drinking establishments
Take-out food places Nightclubs
Tattoo and bodv-piercing parlors Takeout food places
APPROVED AS TO FORM Tattoo and body-piercing parlors
Michael B. Risman APPROVED AS TO FORM
NOTE: Matter strike through is to be deleted, NOTE: Matter strike through is to be deleted, matter
matter underlined is new. underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 249 NO. 251
BY: MR. FONTANA BY: MR. FONTANA
RE: ORDINANCE AMENDMENT RE: ORDINANCE AMENDMENT
CHAPTER 511, ZONING CHAPTER 51 1, ZONING
The Common Council of the City of Buffalo does hereby No artificial lighting shall be maintained or operated in
ordain as follows: connection with commercial or industrial or residential
That the Code of the City of Buffalo be amended to read as property in such a manner as will unreasonably interfere with
follows: the sleep, comfort, health or repose of persons residin2 in
§ 511-77. Application requirements. the vicinity. The illumination and lighting of such premises
Applications for approval shall be submitted to the between the hours of I 1:00 p.m. and 7:00 a.m. with more
Commissioner of the Department of lighting or with lights that glare more than is reasonably
[Public Works] Permit and Inspection Services and shall necessary for the conducting of commercial or industrial
contain at least the following: enterprises or the safeguarding and protection of persons
NOTE: Matter in brackets is to be deleted, matter and property upon such premises shall be presumed to be
underlined is new. lighting and illumination of such power and intensity as to
REFERRED TO THE COMMITTEE ON LEGISLATION annoy or disturb unreasonably the sleep, comfort, health or
repose of the persons residing in the vicinity and shall be
NO. 252 presumptive evidence of a violation of this section. When
BY: MR. FONTANA such violation occurs, the owner or operator of the premises
RE: ORDINANCE AMENDMENT CHAPTER 51 1, ZONING on which the lighting installation is located shall first be
The Common Council of the City of Buffalo does hereby notified of the violation and be given an opportunity by
ordain as follows: written notice to relocate the installation or shield the lighting
That the Code of the City of Buffalo be amended to read as in such a manner as will remove the violation. Within five
follows: days after receipt of such written notice, the owner or
§ 511-78. Review of applications. operator of the premises shall advise the Department, in
A. Applications proposing no exceptions. No design writing, of the corrective measures he proposes to take to
review shall be required for building or use applications in remove the violation. Such corrective measures shall be
conformance with the regulations of this Article and commenced within five days after the owner or Operator of
permitted as of right. Such applications shall be processed the premises is notified by the Department of the corrective
by the Department of [Public Works] Permit and Inspection measures to be taken after approval by the Department, and
Services. such corrective work shall be continuously expeditiously
B Other referrals. Upon receipt of a completed application pursued to completion.
wherein no exceptions to the requirements of this Article are NOTE: Matter strike through is to be deleted, matter
proposed and upon payment of the appropriate fee for such underlined is new.
application, the permit official shall forward the application REFERRED TO THE COMMITTEE ON LEGISLATION
for review and comment to all other administrative offices
whose review is appropriate, including but not limited to [the NO. 255
Department of Public Works] the Department of [Inspections BY: MR. FONTANA
and Community Revitilization] Permit and Inspection RE: ORDINANCE AMENDMENT
[community development] Strategic Planning and the Fire CHAPTER 51 1, ZONING
Department Review for compliance with all zoning The Common Council of the City of Buffalo does hereby
requirements shall be concluded by the appropriate ordain as follows:
administrative offices within 30 days from receipt of a That the Code of the City of Buffalo be amended to read as
completed application. Failure to conclude review of a follows:
complete application within this time limit shall be deemed § 511-88. Temporary dwellings.
approval. B. Prefabricated dwelling units. A prefabricated
NOTE: Matter in brackets to be deleted, matter underlined dwelling unit constructed and
is new. certified to meet or exceed the Building Code of New York
REFERRED TO THE COMMITTEE ON LEGISLATION State [Uniform Fire Prevention and Building-Code]
regulations and the Buffalo Building Code regulations [EN]
NO. 253 and permanently affixed to a foundation with permanent
BY: MR. FONTANA utility connections in accord with the aforementioned codes
RE: ORDINANCE AMENDMENT shall not be considered a temporary dwelling unit. The term
CHAPTER 51 1, ZONING "Prefabricated dwelling units" shall also include "Modular-
The Common Council of the City of Buffalo does hereby built homes".
ordain as follo NOTE: Matter in brackets is to be deleted, matter
That the Code of the City of Buffalo be amended to read as underlined is new.
follows: REFERRED TO THE COMMITTEE ON LEGISLATION
§ 511-8. Permitted uses.
2 (f) Parking pads in front yards or side street side yards NO. 256
NOTE: Matter strike through is to be deleted, matter BY: MR. FONTANA
underlined is new. RE: ORDINANCE AMENDMENT CHAPTER 51 1, ZONING
REFERRED TO THE COMMITTEE ON LEGISLATION The Common Council of the City of Buffalo does hereby
ordain as follows:
NO. 254 That the Code of the City of Buffalo be amended to read as
BY: MR. FONTANA follows:
RE: ORDINANCE AMENDMENT 511-88.1. Permanent dwellings, permitted construction
CHAPTER 51 1, ZONING types.
The Common Council of the City of Buffalo does hereby A. All permanent dwellings shall be designed to be
ordain as follows: permanently situated and shall be erected on a permanent
That the Code of the City of Buffalo be amended to read as foundation, shall be permanently connected to the required
follows: utilities according to the Building Code of New York State,
511-87.1 Lighting affecting neighboring Property. and shall be erected according to the aforesaid State Code,
the provisions of this Charter, and other applicable codes.
B. Mobile homes and manufactured homes, as all rules and regulations promulgated by the Commissioner
defined in Chapter 31-2 of this Charter, having as structural of Motor Vehicles for the periodic inspection of motor
floor construction structural steel framing and structure for vehicles in the State of New York and as the same may be
wheel carriages, having detachable utilities hookups, and amended from time to time. This section shall not apply to
designed to be re-locatable by towing, shall not be permitted an owner of such unregistered and/or unlicensed motor
to be used as either temporary or permanent dwellings. vehicle who is a member of the armed forces while serving
C. Modular-built homes, as defined in Title 19 on active duty. This prohibition shall not apply to the storage
NYCCR Part 1209, Regulations Pertaining to Factory-of such vehicles where the storage may be considered to be
Manufactured Buildings, destined to be erected on a a legitimate accessory or implied part of a permitted use.
permanent foundation, with permanent utility connections, B. The outside storage of boats and similar
bearing the Insignia of Approval required according to recreational watercraft on private property is prohibited.
section 1209.5 of Part 1209, and sited, erected, and C. The outside storage of all-terrain motorcycles, all-
connected according to the requirements of the Building terrain 3-wheelers, all-terrain 4wheelers, and similar
Code of New York State, the provisions of this Charter, and recreational vehicles on private property is prohibited.
any other applicable codes shall be permitted as permanent D. The outside storage of snowmobiles and similar
dwellings. recreational vehicles on private property is prohibited.
NOTE: Matter strike through is to be deleted, matter NOTE: Matter strike through is to be deleted, matter
underlined is new. underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION Approved as to Form
Michael B. Risman
NO. 257 REFERRED TO THE COMMITTEE ON LEGISLATION
BY: MR. FONTANA
RE: ORDINANCE AMENDMENT CHAPTER 51 1, ZONING NO. 259
The Common Council of the City of Buffalo does hereby BY: MR. FONTANA
ordain as follows: RE: ORDINANCE AMENDMENT
That the Code of the City of Buffalo be amended to read as CHAPTER 51 1, ZONING
follows: The Common Council of the City of Buffalo does hereby
§ 511-84. Corner visibility. ordain as follows:
A. In all R Districts, in the triangle formed by the lines That the Code of the City of Buffalo be amended to read as
of intersecting streets and a line joining points on such street follows:
lines 20 feet distant from their point of intersection, no § 511-96. Space requirements.
building or structure may be erected and no plant foliage After the effective date of this amended chapter, there shall
may be maintained between heights of 3 1/2 feet and IO feet be provided, unless excepted by reason of compliance with
above the curb level. Subsection D below, at the time of erection of any main
B. In all instances where fencing adjacent to and building or at the time any main building is enlarged, off-
parallel or perpendicular to a driveway would obstruct the street parking and loading spaces as hereinafter specified.
driver's view of the comer where the driveway meets a Each off-street parking space shall contain not less than one
sidewalk, any fence shall have a maximum height of 3 feet 6 hundred sixty (I 60) square feet in the case of self-parking,
inches for twenty feet in each direction measured and-not less than one hundred twenty-six (126) square feet
horizontally from the corner. in the case of attendant parking and not less than one
C. In all instances where plant foliage adjacent to and hundred ninety (190) square feet in the case of used auto
parallel or perpendicular to a driveway would obstruct the dispIay and sales lots and all repair 2araizes. exclusive of
driver's view of the comer where the driveway meets a access drives or aisles which have adequate ingress and
sidewalk, any plant growth shall be maintained 90 percent egress, and shall be of usable shape and condition. When
foliage-clear above 3 feet 6 inches for twenty feet in each provided on a site other than that containing the main
direction measured horizontally from the corner. building to which it is accessory, parking space shall be in a
APPROVED AS TO FORM district where permitted and shall be subject to deed, lease
MICHAEL B. RISMAN or contract restrictions acceptable to the Corporation
Matter in Brackets to be deleted matter underlined is new Counsel of the City of Buffalo, binding the owner to maintain
REFERRED TO THE COMMITTEE ON LEGISLATION the required number of parking spaces available to the
occupants of the building to which they are accessory
NO. 258 throughout the life of such building. Each off-street loading
BY: MR. FONTANA space shall be not less than ten (IO) feet in width, thirty (3 0)
ORDINANCE AMENDMENT CHAPTER 51 1, ZONING feet in length and fourteen
The Common Council of the City of Buffalo does hereby (14) feet in height.
ordain as follows: NOTE: Matter strike through is to be deleted, matter
That the Code of the City of Buffalo be amended to read as underlined is new.
follows: REFERRED TO THE COMMITTEE ON LEGISLATION
§ 511-93. Storage of motor vehicles.
A. -The outside storage on private property is NO. 260
prohibited of any unregistered and/or unlicensed motor BY: MR. FONTANA
vehicle for a period longer than 10 days, unless such RE: ORDINANCE AMENDMENT
unregistered and/or unlicensed motor vehicle, CHAPTER 51 1, ZONING
notwithstanding the year in which the same shall have been The Common Council of the City of Buffalo does hereby
manufactured, has affixed a current New York State ordain as follows:
Inspection sticker, and is, at all times while being so stored, That the Code of the City of Buffalo be amended to read as
kept in such condition and maintained with such equipment follows:
that it will meet the minimum requirements to pass the New § 511-97. Screening, setback, surfacing, drainage,
York State motor vehicle inspection standards as provided lighting, and access requirement
by the Vehicle and Traffic Law of the State of New York and
All off-street parking facilities shall be either contained within REPAIR -- Includes all work which shall increase the area or
buildings or subject to the following requirements: height of a sign or substantial]y change the surface,
C. Surface of parking area. Every off-street parking area framework molding braces or anchors of a sign.
and access driveways thereto shall be paved and shall be so ROOF SIGN -- A sign constructed upon the roof of a
graded and drained as to dispose of all surface water building-,.
accumulation, except that for parking areas for five (5) TEMPORARY SIGN -- A real estate sign, construction sign,
7ehicles or less as determined by § 511-96, catch basin or e or banner containing temporary information.
connected to the city sewer shall not be required WALL SIGN -- A sign attached to or supported by the wall of
F. Protection. Wheel stops shall be provided around the a building, except a temporary sign,
property perimeter as necessary t prevent the projection of APPROVED AS TO FORM
any 3art of any parked vehicle across any property line, into NOTE: Matter strike through is to be deleted, matter
an walkway, into any easement Bollards or equivalent underlined is new.
barriers shall be provided sufficient to protect all exits and all REFERRED TO THE COMMITTEE ON LEGISLATION
exterior electrical and HVAC installation bordering on the lot,
whether on the lot or on property .immediately adjacent to NO. 262
the lot, so that safe exiting is maintained and no damage can BY: MR. FONTANA
occur. Bollards or barriers shall be of such construction and RE: ORDINANCE AMENDMENT
have such foundation as to provide adequate vehicle impact CHAPTER 51 1, ZONING
protection, and shall be maintained in proper repair. The Common Council of the City of Buffalo does hereby
G. Every parcel of land hereafter used as an automobile or ordain as follows:
trailer sales area or as an automobile service station shall be That the Code of the City of Buffalo be amended to read as
subject to the requirements of this section [and shall be follows:
Considered in the application thereof, as the equivalent of a § 511-103. Exempt signs.
Parking area for more than five (5) vehicles] The following types of signs are exempt from the foregoing
NOTE: Matter strike through is to be deleted, matter requirements and from all other regulations of this Article:
underlined is new. G. Temporary signs, such as real estate sjgns, signs
APPROVED AS TO FORM used in connection with the construction or remodeling of a
MICHAEL B. RISMAN building., or a banner containing temporary information may
REFERRED TO THE COMMITTEE ON LEGISLATION be erected without regard to the area limitations in this
Article. Banner signs containing permanent information shall
NO. 261 be regulated as permanent signs, and shall be subject to
BY: MR. FONTANA area and content limitations.
RE: ORDINANCE AMENDMENT CHAPTER 511, ZONING NOTE: Matter strike through is to be deleted, matter
The Common Council of the City of Buffalo does hereby underlined is new.
ordain as follows: APPROVED AS TO FORM
That the Code of the City of Buffalo be amended to read as REFERRED TO THE COMMITTEE ON LEGISLATION
follows:
§ 511-102. Additional definitions. NO. 263
A. For the purposes of this Article, certain terms are BY: MR. FONTANA
herewith defined. When not inconsistent with the context, RE: ORDINANCE AMENDMENT
words used in the present tense include the future, words in CHAPTER 511, ZONING
the singular number include the plural, and words in the The Common Council of the City of Buffalo does hereby
plural number include the singular. The word "shall" is ordain as follows:
always mandatory and not merely permissive That the Code of the City of Buffalo be amended to read as
B. As used in this Article, the following terms shall have the follows:
meanings indicated: 511-115G. Domestic animals and pets.
[A As used in this article the following terms shall have the A. It shall be unlawful for any person to stable, keep
meanings indicated] as a pet, or permit to remain, any cloven-footed or hoofed
ALTER -- Not deemed to include the changing, of movable animal such such as but not limited to to, cows, goats,
parts of a sign which is designated for such changes. or horses, pigs, or sheep, on any lot or premises within a
BILLBOARD or POLE SIGN residential district or business district as classified under
A sign supported above the ground by one (1) or more Chapter 511 of the Code of the City of Buffalo, and in no
poles attached to a foundation in the ground, of whatever case shall such animal be kept on the same lot or premises
material constructed, and which is erected used or with a dwelling.
maintained for the display of signs, and having a total area of B. No person shall keep dogs, cats, rabbits,
more than five (5) square feet. hamsters. chinchillas or other small animals, reptiles. or pets
GROUND SIGN - a sign at grade supported by framework C. This section shall not include existing in
attached to a foundation in continuous operation and use.
the ground is erected. used or maintained for the display of NOTE: Matter strike through is to be deleted, matter
signs and having a total area of more than five (5) square underlined is new.
feet. APPROVED AS TO FORM
ILLUMINATED SIGN -- A sign, as herein defined. which REFERRED TO THE COMMITTEE ON LEGISLATION
uses artificial light.
PORTABLE SIGN -- An accessory sign. illuminated or non-NO. 264
illuminated. which is not permanently affixed to the ground or BY: MR. FONTANA
to a building or structure. RE: ORDINANCE AMENDMENT
PROJECTING SIGN -- A sign which projects over the CHAPTER 51 1, ZONING
way. The Common Council of the City of Buffalo does hereby
ordain as follows:
That the Code of the City of Buffalo be amended to read as 2. For the purposes of paving-in front yards, any one (1)
follows: side street side yard in a residential district may be
§ 511-115. Yards and courts. paved to the extent described in paragraph I of this
E. Projections into yards and courts. section instead of the front yard paving.
(1) The following projections into required yards and APPROVED AS TO FORM
courts shall be allowed, subject to the limitations of NOTE: Matter strike through is to be deleted, matter
Subsection E(2): underlined is new.
(a) Fence heights: REFERRED TO THE COMMITTEE ON LEGISLATION
0) In Residential districts: A wall or fence not
over four feet high may be erected within the NO. 266
limits of any front yard, side street side yard., BY: MR. FONTANA
or outer court, provided that it does not RE: ORDINANCE AMENDMENT CHAPTER 51 1, ZONING
conflict with the requirements of § 511-84 for The Common Council of the City of Buffalo does hereby
comer visibility. Plant growth adjacent to the ordain as follows:
front property line or side street side yard That the Code of the City of Buffalo be amended to read as
property line shall be maintained at four feet follows:
or under, and also maintained so as to meet § 511-116. General provisions.
requirements of @ 511-84 for comer visibility A. The duties of administering and enforcing the
and so as to leave clearance of the required provisions of this chapter shall be
minimum sidewalk. In any other yard, a wall performed by the Commissioner of[ Inspections and
or fence not over seven feet high may be Licenses] the Department of Permit and Inspection Services
erected.. of the City of Buffalo. Said Commissioner shall have
Deletions available for review in the City Clerk’s Office exclusive authority to grant building and-use-permits, subject
(ii) In Commercial and CM districts: A wall or fence to such procedure and appeal action as is hereinafter
not over six feet high may be erected within the limits of any provided.
front yard, side street side yard or outer court, provided that B. No building or structure in said City shall be.
it does not conflict with the requirements of 511-84 for comer renovated. altered. reconstructed. occupied or used for any
visibility, and provided that it is not forwards of an imaginary purpose extended or enlarged moved. demolished
line which is the average of the building setbacks of both the Deletions available for review in The City Clerk’s Office
property and the adjacent property-, a wall or fence forwards without a permit issued therefore by
of such a line shall be a maximum of four feet in height. the Commissioner of Permit and Inspection Services.-
Plant growth shall be maintained so as to not conflict with [Inspections and Licenses] in accordance with the provisions
the requirements of § 511-84 for comer visibility, and so as of this chapter and of Chapter 103, Articles IV, V and VI;
to leave vertical clearance of the required minimum sidewalk Chapter 105; Chapter 186; Chapter 266; Chapter 281,
up to seven feet in height. In Article II; Chapter 341, Article II; Chapter 395; Chapter 399,
any other yard. a wall or fence not over eight feet high be Article M; and Chapter 430 of the Code of said city.
erected. see Note below. C. The Commissioner of Permit and Inspection
(iii) In Manufacturing districts: A wall or fence riot over Services.[Inspections and Licenses] shall issue no permit for
ten feet the construction or structural alteration of any building,
available in the City Clerks Office structure or portion thereof or for the use or occupancy of
(2) Limitation on projections. Notwithstanding any any premises or accessories thereto unless the plans,
other provision of this section, no projection or structure shall specifications and proposed use of said building or structure
extend into any required yard more than 1/3 the required and the proposed use of said premises and accessories
width or depth of such yard or into any required court more thereto conform in all respects to the provisions of this
than 1/4 the required width of such court or within three feet chapter. Any permit issued for the construction or alteration
of any accessory building. of any building or for the use or occupancy of any premises
NOTE: Matter strike through is to be deleted, matter contrary to the provisions of this chapter shall be void. Any
underlined is new. material misstatement of fact by an applicant for a permit or
APPROVED AS TO FORM any material misrepresentation in his plans or specifications
REFERRED TO THE COMMITTEE ON LEGISLATION shall render void any permit granted thereon.
D. The Commissioner of Permit and Inspection
NO. 265 Services [ Inspections-and-Licenses] may cause any
BY: MR. FONTANA building, structure or premises to be inspected and
RE: ORDINANCE AMENDMENT examined and order in writing the remedying of any
CHAPTER 51 1, ZONING conditions found in violation of regulations of this chapter.
E. All work, materials parts, elements, components,
The Common Council of the City of Buffalo does hereby finishes, equipment, and/or fixtures assembles and systems
ordain as follows: shall comply with the requirements of the building
That the Code of the City of Buffalo be amended to read as Matter in brackets to be deleted matter underlined is new
follows: REFERRED TO THE COMMITTEE ON LEGISLATION
§511-115 F. Paving in front yards of residential districts
or uses; amount permissible.
1. Front yards in residential districts or uses shall be NO. 267
permitted to be paved provided that in no case shall By: Mr. Fontana
such Paving.. be wider than forty Percent(40 %) of the ORDINANCE AMENDMENT
width of the lot frontage and driveways shall be ARTICLE 31, FLOOD DAMAGE PREVENTION
counted as part of the width of Paving when calculating The Common Council of the City of Buffalo does hereby
the maximum width . Use of any front yard Paving for ordain as follows:
storage is prohibited. That the Code of the City of Buffalo be amended to read as
follows:
Article 31, Flood Damage Prevention § 387-7. Repair and removal.
§ 31-2. Definitions. A.Should a sign or a part thereof authorized by this chapter
"Manufactured home" means a structure, transportable in or which extends over a public highway become in danger of
one or (more) two sections, which is built on a permanent falling or otherwise become so unsafe as to endanger the
chassis designed for wheeled transport, and designed to be public or become an obstruction in a public highway in the
used with or without a permanent foundation when opinion of the Commissioner of (Inspections and Licenses)
connected to the required utilities. The term includes a Permit and Inspection Services, the owner or lessee of the
"Mobile home", but does not include a "Recreational vehicle" property on which the sign is located shall be notified, in
"Modular-built home" means a dwelling unit constructed of writing, to remove the sign or place it is a safe condition. If
several large, prefabricated finished sections, constructed such owner or lessee shall refuse or neglect to remove or
and certified to meet or exceed the requirements of the place the sign in a safe condition within three (3) days after
Building Code of New York State( Uniform Fire Prevention the delivery of such notice to the owner or the lessee, the
and Building Code), designed to be permanently affixed to a Commissioner of Permit and Inspection Services
foundation with permanent utility connections in accord with (Inspections and Licenses) may cause the sign to be
the aforementioned code,, and-the ordinances of this removed, and the expense thereof shall be assessed against
Charter, and any other applicable codes. The term includes the property on which the sign is located in accordance with
"Prefabricated dwelling units", but does not includes neither the provisions of the Charter of the city relating to
a "Mobile home" nor a "Manufactured home". assessments. Delivery of the notice may be made by
It is hereby certified, pursuant to Section 3-19 of the Charter personal service thereof or by registered mail to the last
of the City of Buffalo, that the immediate passage of the known address of the owner or lessee.
foregoing ordinance is necessary. B-Except as otherwise provided in this chapter, any sign
APPROVED AS TO FORM which for a period of three (3) years has not been repainted
Michael B. Risman or reposted and on which the message has been removed or
Corporation Counsel is totally or partially illegible or absent or which pertains to a
NOTE: Matter () to be deleted, matter underlined is new. time, event or purpose which no longer applies shall be
PASSED. deemed to have been abandoned. An abandoned sign is
AYES-9. NOES-0. prohibited by this chapter, and such sign and its structure
shall be removed by the owner of the premises if not by the
NO. 268 owner of the sign. Failure to remove an abandoned sign and
By: Mr. Fontana sign structure, as described above, shall be a violation of this
ORDINANCE AMENDMENT CHAPTER 387, SIGNS chapter. If the owner or lessee shall refuse or neglect to
The Common Council of the City of Buffalo does hereby remove the sign and sign structure within three (3) months
ordain as follows: after delivery of a notice from the Commissioner of Permit
That the Code of the City of Buffalo be amended to read as and Inspection Services (Inspections and Licenses), the
follows: Commissioner may cause the sign and sign structure to be
§ 387-2. Word usage; definitions. removed, and the expense thereof shall be assessed against
BILLBOARD-of-GROUND SIGN – (Includes a structure) a the owner of the property on which the sign is located in
sign at grade supported by framework attached to a accordance with the provisions of the Charter of the city
foundation in (resting on) the ground, of whatever material relating to assessments. Delivery of the notice may be
constructed, and which is erected, used or maintained for made by personal service thereof or by registered mail to the
the (public) display of (posters, painted) signs, last known address of the owner.
(pictures or other reading or pictorial matter)and having a It is hereby certified, pursuant to Section 3-19 of the Charter
total area of more than 25 square feet. of the City of Buffalo, that the immediate passage of the
ILLUMINATED SIGN -- A sign, as herein defined, which foregoing ordinance is necessary.
uses artificial light. NOTE: Matter () strike through is to be deleted, matter
BILLBOARD or POLE SIGN -- A sign supported above the underlined is new.
ground by one or more poles attached to a foundation in the PASSED.
ground, of whatever material constructed, and which is AYES-9. NOES-0.
erected, used or maintained for the display of signs, and
having a total area of more than 5 square feet NO. 270
(as distinguished from a billboard or ground sign). By: Mr. Fontana
TEMPORARY SIGN -- A real estate sign, construction sign, ORDINANCE AMENDMENT CHAPTER 387, SIGNS
or banner containing temporary information. The Common Council of the City of Buffalo does hereby
It is hereby certified, pursuant to Section 3-19 of the Charter ordain as follows:
of the City of Buffalo, that the immediate passage of the That the Code of the City of Buffalo be amended to read as
foregoing ordinance is necessary. follows:
APPROVED AS TO FORM § 387-8. Permit required; exceptions.
Michael B. Risman A. Except as otherwise provided in this chapter, no sign shall
Corporation Counsel hereafter be erected, altered, repaired or used within the city
NOTE: Matter () is to be deleted, matter underlined is new. unless a permit is obtained from the Commissioner of
PASSED. (Inspections and Licenses) Permit and Inspection Services.
AYES-9. NOES-0. Such permit shall be issued to a person, firm or corporation
who or which has secured a license to transact within the
NO. 269 city the business of erecting, repairing, altering or removing
By: Mr. Fontana signs or to a person, firm or corporation owning or occupying
ORDINANCE AMENDMENT CHAPTER 387, SIGNS under a lease agreement the property or premises upon
The Common Council of the City of Buffalo does hereby which such sign is to be located or to a person, firm or
ordain as follows: corporation who or which has procured a projecting sign
That the Code of the City of Buffalo be amended to read as license in accordance with the provisions of this chapter,
follows: provided that a projecting sign shall only advertise or display
the name of the owner, the street address of the premises to It is hereby certified, pursuant to Section 3-19 of the Charter
which the sign is attached and the nature of the business of the City of Buffalo, that the immediate passage of the
which such owner is conducting on said premises; and foregoing ordinance is necessary.
provided, further, that there shall not be displayed or APPROVED AS TO FORM
advertised on such sign either a business or a business Michael B. Risman
address of a business which may be conducted by the sign Corporation Counsel
owner on premises other than those to which the sign is NOTE: Matter () is to be deleted, matter underlined is new.
attached; and provided, further, that, in the case of a permit PASSED.
issued to a person, firm or corporation engaged in the AYES-9. NOES-0.
business of erecting, repairing, altering or removing signs,
the applicant therefor shall show that he has the consent of NO. 272
the owner of the premises affected to erect, alter, repair or BY: MR. FONTANA
remove such sign. Application for the permit shall be made ORDINANCE AMENDMENT CHAPTER 387, SIGNS
on forms provided by the Department of (Inspections and The Common Council of the City of Buffalo does hereby
Licenses) Permit and Inspections Services. ordain as follows:
It is hereby certified, pursuant to Section 3-19 of the Charter That the Code of the City of Buffalo be amended to read as
of the City of Buffalo, that the immediate passage of the follows:
foregoing ordinance is necessary. § 387-10. Application for license for extension over
APPROVED AS TO FORM street, sidewalk or other public place.
Michael B. Risman A. Before a license as above required shall be issued, the
Corporation Counsel person, firm or corporation desiring to maintain a sign on
NOTE: Matter () is to be deleted, matter underlined is new. premises within the city shall file with the Commissioner of
PASSED (lnspections and Licenses)Permit and Inspection Services a
AYES-9. Noes-0. written application therefor, stating the details as to the kind
and character of the sign proposed to be erected or
NO. 271 maintained, the actual area in square feet of the exterior
By: Mr. Fontana surface of such sign, the place where and the manner in
ORDINANCE AMENDMENT CHAPTER 387, SIGNS which it is proposed to erect such sign and such other details
The Common Council of the City of Buffalo does hereby as the Commissioner of Permit and Inspection Services
ordain as follows: (Inspections and Licenses) shall require. The application, in
That the Code of the City of Buffalo be amended to read as the case of the owner or occupant of premises who
follows: proposes to erect a sign advertising the business of the
§387-9. License and bond for extension over street, owner or occupant, shall be signed by the owner or occupant
sidewalk or other public place. or his authorized agent and, in the case of a person, firm or
In addition to the permit above required, no owner or corporation engaged in the business of erecting, altering,
occupant of premises within the city shall maintain over the repairing or removing signs, by said person, firm or
sidewalk in front of such premises or over the exterior line of corporation or his or its authorized agent.
the street, avenue, lane, alley or public place on which such B. Each application for a license to maintain a roof, wall or
premises is located any roof, wall or projecting sign for projecting sign shall be referred to the Commissioner of
displaying the name or the trademark of a person, firm or Public Works for approval. The Commissioner of Public
corporation for advertising purposes or otherwise giving Works shall give attention to the size, weight and structural
notice of a business or occupation without first obtaining a safety of the proposed sign, its location upon the building to
license and paying the fee therefor as hereinafter provided; which it is to be attached, its height above the sidewalk and
provided, however, that a sign projecting not more than the extent, if any, to which the sign will interfere with other
eighteen (I 8) inches into the street over the exterior street signs previously erected. If the application is approved by
line and which is not more than two (2) feet in height may be the
erected and maintained without obtaining a license therefor; Commissioner of Public Works, he shall stamp thereon the
subject, however, to the control of the Commissioner of amount of the fee prescribed by this chapter for such sign
(Inspections and Licenses) Permit and Inspection Services and then transmit the application, with his approval, to the
and the further orders of the Common Council; and provided, Commissioner of Permit and Inspection Services
further, that a porte cochere or canopy lawfully maintained in (Inspections and Licenses), who, upon payment of the fee,
accordance with the provisions of Chapter 413, § 413-56, shall issue the license.
may have attached thereto, without obtaining a license It is hereby certified, pursuant to Section 3-19 of the Charter
therefor, a hanging valance or drape made from silk or other of the City of Buffalo, that the immediate passage of the
similar light, pliable fabric not exceeding three (3) feet in foregoing ordinance is necessary.
depth, no part of which, in any event, shall be less than eight APPROVED AS TO FORM
(8) feet above the street, sidewalk or ground level at the Michael B. Risman
lowest point thereof, upon the express condition that, prior to Corporation Counsel
the installation of such valance or drape, there is filed with NOTE: Matter () is to be deleted, matter underlined is new.
the Comptroller a bond in the sum of five thousand dollars PASSED.
($5,000.) protecting the city against any and all loss and AYES-9. NOES-0.
damage, claims, liens, proceedings and actions by reason of NO. 273
the attachment of a valance or drape to each such porte BY: MR. FONTANA
cochere or canopy. Said bond shall be approved as to form ORDINANCE AMENDMENT CHAPTER 387, SIGNS
by the Corporation Counsel and as to sufficiency by the The Common Council of the City of Buffalo does
Comptroller. The bond herein required for a valance or hereby ordain as follows:
drape on a porte cochere or canopy and the bond required That the Code of the City of Buffalo be amended to read as
pursuant to Chapter 413, § 413-56 of the Code may be follows:
combined into a single bond herein. §387-14. Erection, repair, alteration or removal
businesses.
A.No person, firm or corporation shall engage within the city Council, the approval of the Commissioner o[ Inspections
in the business of erecting, repairing, altering or removing and Licenses] Permit and Inspection Services and upon the
signs as defined in this chapter unless a license for such filing by the permittee with the Comptroller of a bond or
purpose is obtained from the (Director of Housing and policy of liability insurance protecting the city against loss
Inspections) Commissioner of Permit and Inspection and damage, claims, liens, proceedings and actions insofar
Services, and a bond or policy of liability insurance as as may be applicable, and listing the City on the bond or
provided in Subsection B of this section has been filed with policy " as Additional Insured with respect to the work being
the Comptroller. Said bond or policy shall be approved as to done", as provided in Chapter 413, § 413-9, of the Code .
form by the Corporation Counsel and as to sufficiency by the Said bond or policy shall be approved as to form by the
Comptroller. Written application for such license shall be Corporation Counsel and as to sufficiency by the
made to the Commissioner of Permit and Inspections Comptroller. Such bond shall be in the sum of ten thousand
Services (Director of Housing and Inspections) on forms dollars ($1 0,000.), and such policy of liability insurance shall
provided by the (Director) Commissioner and shall be signed protect the city against loss in the sum of 9#y-_oRe hundred
by the person, firm or corporation making such application or thousand dollars [($50,000)] 100, 000.) for property damage
his authorized agent. Such license shall expire every two (2) and not less than one hundred thousand dollars
th
Years on the 30 day of June, and the fee therefor shall be ($ 1 00,000.) for injury to one (1) person or two hundred
as provided in Chapter 175, Fees. (Amended 5-22-1995, thousand dollars ($200,000.) for injuries to more than one (1)
effective 6-22-1995) person. If such temporary banner or sign is to be attached
It is hereby certified, pursuant to Section 3-19 of the Charter to a building or a structure on premises adjacent to the
of the City of Buffalo, that the immediate passage of the public highway over which such temporary banner or sign is
foregoing ordinance is necessary. to be erected, the consent of the owner of such building or
APPROVED AS TO FORM structure shall be obtained before the erection of the banner
NOTE: Matter strike through is to be deleted, or sign is commenced. Banners, temporary signs. or
matter underlined is new. pictorial displays shall be removed by the responsible party
PASSED when they are torn or otherwise damaged, and/or when they
AYES - 9 NOES - 0 become obsolete.
It is hereby certified, pursuant to Section 3-19 of the Charter
NO. 274 of the City of Buffalo, that the immediate passage of the
BY: MR. FONTANA foregoing ordinance is necessary.
ORDINANCE AMENDMENT CHAPTER 387, SIGNS APPROVED AS TO FORM
The Common Council of the City of Buffalo does hereby NOTE: Matter strike through is to be deleted,
ordain as follows: matter underlined is new.
That the Code of the City of Buffalo be amended to read as PASSED
follows: AYES - 9 NOES - 0
§ 387-12. Fees; limitation on area; prorating of payment;
revocation of license. NO. 276
D.A license issued hereunder may be revoked by the BY: MR. FONTANA
Commissioner of Permit and Inspection Services RE: ORDINANCE AMENDMENT CHAPTER 387, SIGNS
[Inspections and Licenses] the manner provided by law The Common Council of the City of Buffalo does hereby
It is hereby certified, pursuant to Section 3-19 of the Charter ordain as follows:
of the City of Buffalo, that the immediate passage of the That the Code of the City of Buffalo be amended to read as
foregoing ordinance is necessary. follows:
APPROVED AS TO FORM § 387-18. Illuminated signs.
NOTE: Matter in brackets is to be deleted, A.Any sign illuminated by electricity or equipped in any way
matter underlined is new. with electrical devices or appliances shall conform, with
PASSED respect to wiring and appliances, to the requirements of
AYES - 9 NOES - 0 Chapter 165, Article 11. An illuminated sign bearing the
label of the Underwriters'
NO. 275 Laboratories of Chicago, Illinois, may be accepted as a
BY: MR. FONTANA standard of approval, subject to the approval of the
ORDINANCE AMENDMENT CHAPTER 387, SIGNS Commissioner of Commissioner of Permit and Inspections
The Common Council of the City of Buffalo does hereby Services [Inspections and Licenses} and to the provisions
ordain as follows: of this chapter
That the Code of the City of Buffalo be amended to read as B.Any illuminated sign shall employ only lights emitting a
follows: light of constant intensity and shall not be illuminated by or
§387-15. Limitation on extension into street; temporary contain any flashing, intermittent, rotating or moving light.
signs. Subject to the approval of the Commissioner of
-No sign within the city shall extend over the exterior street Commissioner of Permit and Inspection
line beyond the curb; nor shall a sign be erected having a Services however, signs conveying time, temperature, stock
greater dimension than twelve (I 2) feet in a direction at right market quotations or other information of a non-advertising
angles to the wall of a building; nor shall a sign be erected nature may be exempt from this restriction.
so that the same extends more than eight (8) feet into the It is hereby certified, pursuant to Section 3-19 of the Charter
street beyond the exterior street line; provided, however, that of the City of Buffalo, that the immediate passage of the
temporary signs, non-illuminated except by reflected light of foregoing ordinance is necessary.
street or building illumination, such as banners or so-called APPROVED AS TO FORM
"swinging pictorial displays," etc., shall be permitted to be NOTE: Matter in brackets is to be deleted,
erected over and across a portion of a street or public matter underlined is new.
highway, except in the area bounded by Exchange Street, PASSED
the Terrace, Elmwood Avenue, Tupper Street and AYES - 9 NOES - 0
Washington Street, with the consent of the Common
NO. 277 F.A billboard or ground sign having a total area of more than
BY: MR. FONTANA twenty-five (25) square feet shall be constructed of
RE: ORDINANCE AMENDMENT CHAPTER 387, SIGNS galvanized iron facing or other incombustible material, and
The Common Council of the City of Buffalo does hereby the posts, framework, braces and anchors supporting the
ordain as follows: same shall be of good and sound material and of a character
That the Code of the City of Buffalo be amended to read as approved by the Commissioner of[Inspections and Licenses]
follows: Permit and Inspection Services.
§ 387-19. Application for billboard, ground sign or pole It is hereby certified, pursuant to Section 3-19 of the Charter
sign permit. of the City of Buffalo, that the immediate passage of the
A.A person, firm or corporation desiring to construct, alter, foregoing ordinance is necessary.
repair, remove or change the location of a billboard, ground APPROVED AS TO FORM
sign or pole sign within the city shall file with the Michael B. Risman
Commissioner of Permit and Inspection Services [Inspection NOTE: Matter strike through is to be deleted,
and Licenses] an application, in writing, for permission to do matter underlined is new.
so, setting forth the name and post office address of the PASSED
owner of the billboard, ground sign or pole sign, which AYES - 9 NOES - 0
application shall be accompanied by a plan showing the
dimensions, location, plan of construction and the materials NO. 280
to be used in the construction of the proposed billboard, BY: MR. FONTANA
ground sign or pole sign or the nature of the proposed RE: ORDINANCE AMENDMENT CHAPTER 387, SIGNS
erection, repair, alteration or removal. The Common Council of the City of Buffalo does hereby
B.Such application, when complete, shall be forwarded by Ordain as follows:
the Commissioner of Permit and Inspection Services That the Code of the City of Buffalo be amended to read as
[Inspections and Licenses] to the Common Council for its follows:
review and approval. §387-30. Use of private property.
It is hereby certified, pursuant to Section 3-19 of the Charter Portable signs may be permitted on private property under
of the City of Buffalo, that the immediate passage of the the following conditions and provided that there is
foregoing ordinance is necessary. compliance with all other provisions of this chapter:
APPROVED AS TO FORM A .Application for a portable sign permit shall be made with
NOTE: Matter in brackets is to be deleted, the Commissioner of [Inspections and Licenses ] Permit and
matter underlined is new. Inspection Services on forms provided by the Department of
PASSED The applicant shall provide a one-fourth-inch-scale plot plan
AYES - 9 NOES - 0 reflecting the size and location of the sign.
B.Upon approval of said application, a portable sign permit
NO. 278 may be issued for up to sixty (60) days during the calendar
BY: MR. FONTANA year in which said pen-nit is issued, provided that there is no
RE: ORDINANCE AMENDMENT CHAPTER 387, SIGNS encroachment on the public right-of-way as verified by the
The Common Council of the City of Buffalo does hereby Commissioner of Public Works, there is no violation of
ordain as follows: zoning restrictions and, if the sign is to be illuminated, an
That the Code of the City of Buffalo be amended to read as electrical permit has also been secured from the
follows: Commissioner of [Inspections and Licenses ] Permit and
§387-20. Issuance of billboard, ground sign or pole sign Inspection Services
permit. It is hereby certified, pursuant to Section 3-19 of the Charter
-Upon the approval of the Common Council of said of the City of Buffalo, that the immediate passage of the
application and upon payment to the Commissioner of foregoing ordinance is necessary.
Permit and Inspection Services [Inspections and Licenses]-APPROVED AS TO FORM
of a-permit fees as provided in Chapter 175, Fees, the NOTE: Matter in Brackets is to be deleted,
Commissioner shall issue to the applicant a pen-nit for the matter underlined is new.
construction, alteration, repair or removal or for the change PASSED
of location of the billboard, ground sign or pole sign therein AYES - 9 NOES - 0
described.
It is hereby certified, pursuant to Section 3-19 of the Charter NO. 281
of the City of Buffalo, that the immediate passage of the BY: MR. FONTANA
foregoing ordinance is necessary. ORDINANCE AMENDMENT CHAPTER 387, SIGNS
APPROVED AS TO FORM The Common Council of the City of Buffalo does hereby
Michael B. Risman ordain as follows:
NOTE: Matter in brackets is to be deleted, That the Code of the City of Buffalo be amended to read as
matter underlined is new. follows:
PASSED § 387-31. Use of public right-of-way.
AYES - 9 NOES - 0 A.Application for a portable sign permit shall be made by the
owner of the sign with the Commissioner of [Inspections and
NO. 279 Licenses ] Permit and Inspection Services on forms ,
BY: MR. FONTANA provided by the Department of Permit and Inspection
ORDINANCE AMENDMENT CHAPTER 387, SIGNS Services
The Common Council of the City of Buffalo does hereby The applicant shall provide a one-fourth-inch-scale plot plan
ordain as follows: reflecting the size and location of the sign. [Amended I I - I
That the Code of the City of Buffalo be amended to read as 1992, effective I 1 -23 -1992]
follows: C.Upon approval of the encroachment by the Commissioner
§387-23. Height, setback, grounds and construction [Inspections and of Public Works, the Permit and Inspection
specifications for billboard, ground sign or pole sign. Services [Inspections and Licenses]
shall refer the application to the Common Council for department is looking at grant opportunities and programs to
approval of use. improve nutrition, such as a healthy heart program;
E.If the portable sign is to be illuminated, the petitioner must NOW THERFORE BE IT RESOLVED:
also secure an electrical permit from the Commissioner of That representatives of the Buffalo School Board, school
Permit and Inspection Services [Inspections and Licenses] administration and Food Service Department be invited to
accordance with the provisions outlined in §§ 387-18 and appear before the Common Council Education Committee to
387-28of this chapter. outline initiatives to improve the nutrition of foods served or
It is hereby certified, pursuant to Section 3-19 of the Charter made available to Buffalo school students in grade and high
of the City of Buffalo, that the immediate passage of the schools.
foregoing ordinance is necessary. REFERRED TO THE SPECIAL COMMITTEE ON
APPROVED AS TO FORM EDUCATION AND BOARD OF EDUCATION.
Michael B. Risman
NOTE: Matter strike through is to be deleted, NO. 284
matter underlined is new. Sponsor: Mr. Franczyk
PASSED Co-Sponsor: Messrs. Davis and Fontana
AYES - 9 NOES – 0 THE CITY'S ALLEGED MISMANAGEMENT OF H.U.D.
FUNDS
NO 282 Whereas: The City has empowered the Office of Strategic
BY: MR. FONTANA Planning (OSP) and the Buffalo Urban Renewal Agency
RE: ORDINANCE AMENDMENT (BURA) to oversee the receipt and disbursement of U. S.
CHAPTER 430, SWIMMING POOLS Department of Housing and Urban Development (HUD)
The Common Council of the City of Buffalo does hereby funds earmarked for use by the city under the Community
ordain as follows: Development Block Grant funding programs; and
That the Code of the City of Buffalo be amended to read as Whereas: The City, through BURA, applied for and was
follows: awarded millions of dollars in funding to rebuild and improve
§430-X Equipment. the housing stock within the City; and
Item available for review in The City Clerk’s Office Whereas: The HUD agency has now notified the City that it
It is hereby certified, pursuant to Section 3-19 of the Charter may have to return approximately $5.2 million dollars of
of the City of Buffalo, that the immediate passage of the previously awarded H.O.M.E. funding; and
foregoing ordinance is necessary. Whereas: The HUD agency has also informed the City that
APPROVED AS TO FORM it will not receive approximately $5.0 million dollars of
NOTE: Matter strike through is to be deleted, H.O.M.E. revenue that was applied for in the current fiscal
matter underlined is new. year; and
PASSED Whereas: The City has a quickly approaching deadline for
AYES - 9 NOES - 0 responding to HUD's allegations and possibly reverse the
initial ruling requiring the return of approximately $5.2 million
dollars of previously spent funds; and
NO. 283 Whereas: These events have brought great embarrassment
SPONSOR: DAVID A. FRANCZYK on this City and have caused its residents and taxpayers to
CO-SPONSOR: ANTOINE M. THOMPSON question the abilities and priorities of its elected and
BETTER NUTRITION IN BUFFALO SCHOOLS appointed leadership;
WHEREAS: America has in recent years been pilloried as Now Therefore Be It Resolved:
the "Supersize Nation," with millions of her citizens struggling That this Council immediately directs OSP and BURA to
with serious health problems caused by an overconsumption address the concerns of the Council leadership and the
of certain foods; and, residents and taxpayers of this City as follow:
WHEREAS: A record number of people in our society are 1. Meeting with this Council to explain the action being
categorized as obese, which often triggers heart disease, taken to comply with the HUD directives to BURA, to
hypertension, diabetes and other serious health-related reverse and eliminate its mismanagement of awarded
conditions; and, funds and prevent a reoccurrence of similar situations;
WHEREAS: Those especially at risk are children and 2. Furnish (until further notice) a monthly report of all
teenagers who are regularly consuming foods high in fat and awarded funding that is or may be in jeopardy and the
sugar as opposed to more healthy alternatives such as fruit action being taken to resolve each item, to include the
and vegetables; and, potential exposure to the City for disallowed funding,
WHEREAS: Other young people may not be receiving penalties and/or interest.
proper nutrition at home, or do not get sufficient physical REFERRED TO THE COMMITTEE ON COMMUNITY
activity or exercise, which further fosters the need for better DEVELOPMENT AND DIRECTOR OF STRATEGIC
nutrition opportunities in the schools; and, PLANNING.
WHEREAS: Cases of childhood obesity, diabetes and other
health problems can be linked to diets poor in nutritional NO. 285
value; and, By: Mr. Golombek
WHEREAS: Poor diets also impact on a young person's CITY OF BUFFALO
performance in the classroorn, including attention spans and LOCAL LAW NO. (2004)
capacity for school work; and, INTRODUCTORY NO. #10 (2004)
WHEREAS: A wider range of healthy food choices needs to A LOCAL LAW AMENDING ARTICLE SIX OF THE
be made available in the schools to mitigate the availability CHARTER OF THE CITY OF BUFFALO IN RELATION TO
of sugary soft drinks and fatty fast or so-called "junk" foods THE PROPERTIES LOCATED IN THE EMPIRE ZONES.
available to students; and, BE IT ENACTED BY THE COMMON COUNCIL
WHEREASThe Buffalo Schools currently serve USDA
: OF THE CITY OF BUFFALO AS FOLLOWS:
federally approved meals in the school commissaries, and
Bridget O'Brien in the Buffalo School Food Service
Section 1. That Section.6-14(2), Empire Zones, of NO. 288
the Charter of the City of Buffalo be amended to read as By Council member Griffin:
follows: Golombek
[The boundaries of Zone 38 shall be defined as that part of COUNCIL MANAGER FORM OF GOVERNMENT FOR THE
the city of Buffalo bounded by a line described as follows: CITY OF BUFFALO
Text available in Clerk’s Office. WHEREAS, public officials, at all levels of
APPROVED AS TO FORM government, have the responsibility of providing effective
Michael B. Risman public services at the least possible cost to the taxpayers;
Corporation Counsel and
PASSED. WHEREAS, the organization structure of
AYES-9. NOES-0. government, especially at the local level, where vital, basic
services are most often delivered, has a direct relationship to
NO. 286 how efficiently those same public services are offered and
By: Mr. Golombek delivered; and
CITY OF BUFFALO WHEREAS, while the council-manager form of
LOCAL LAW NO. - (2004) government is used in 58% of all United States cities with
INTRODUCTORY NO. 11 (2004) populations over 1 00,000, Standard & Poor's has
A LOCAL LAW AMENDING ARTICLE SIX OF THE documented the fact 62% of cities with similar populations
CHARTER OF THE CITY OF BUFFALO IN RELATION TO have an Aaa credit rating; and
THE PROPERTIES LOCATED IN THE EMPIRE ZONES. WHEREAS, the National Civic League has endorsed
Text available in Clerk’s Office. the council-manager form of government as the preferred
APPROVED AS TO FORM form of governance in its model city charter since 191 S.
Michael B. Risman VAIEREAS, the council-manager form of
Corporation Counsel government models the most effective and efficient private
PASSED sector organizational structure; combining strong political
AYES-9. NOES-0. and leadership of elected officials with strong managerial
experience of a professional manager, appointed on the
NO. 287 basis of education and experience in managing local
Sponsor: Mr. Golombek government, serving as Chief Executive Officer to implement
Co-sponsors: Mr. Coppola, Mr. Davis and Mr. Franczyk policy directives of the Council.
REQUESTING CONGRESS TO EXTEND WIND ENERGY NOW, THEREFORE, BE IT RESOLVED; the City of
TAX CREDIT Buffalo Common Council does hereby support the creation
Whereas: Since the beginning of history, wind power has of a panel of public and private sector representatives to
been used as a form of energy; and research the adoption of a council-manager form of
Whereas: Wind energy is the world's fastest growing energy government for the City of Buffalo, and
source in the world. While ten years ago California and BE IT FURTHER RESOLVED; The city of Buffalo Common
Hawaii were the only states with significant wind power in Council recommends the President of the City Council
place; there are now utility-scale wind installations in 26 develop a listing of individuals to serve on the Council-
states; and Manager Task Force, requesting such names from various
Whereas: In the U.S., over 4,200 megawatts of wind power elected officials and organizations; for example, the Center
has been installed, or enough to serve 1 million average for Governmental Research; Syracuse University's Maxwell
households; and School of Citizenship and Public Affairs; the Mayor of the
Whereas: In 1992 the federal government enacted a City of Buffalo; the International City/County Management
Production Tax Credit to assist the development of Association; the New York State City/County Management
renewable energy production facilities such as solar, Association; the Buffalo Niagara Partnership to mention a
biomass, wood chip, geothermal and wind power production few; and
plants; and BE IT FURTHER RESOLVED; the President of the
Whereas: The Production Tax Credit which has been Common Council of the City of Buffalo will submit this list to
extended various times expired on December 31, 2003; and the Common Council, who will select 9-11 individuals to
Whereas: As a direct result of the availability of Production serve on the Council-Manager Task Force, with the
Tax Credits, in the past four years nearly $5 billion in capital understanding this body will prepare a detailed report to the
investment in wind energy projects has been made in the Common Council by a date certain or about January 1,
U.S.; and 2005.
Whereas: It is estimated that the failure to renew the REFERRED TO THE COMMITTEE ON LEGISLATION AND
Production Tax Credit has put $2 billion of renewable energy CORPORATION COUNSEL.
projects across the country on hold; and
Whereas: Buffalo with its proximity to Lake Erie has wind NO. 289
levels that would support the operation of wind turbines; and By: Mr. Griffin
Whereas: The extension of the Production Tax Credit could 90 HOPKINS
possibly assist the location of a wind power manufacturing Whereas: The City of Buffalo is the owner of real property
plant in the Buffalo area providing jobs for our region. commonly known as 90 Hopkins; and
Now Therefore Be It Resolved: Whereas: A certain quantity of lime is present on the
That the Buffalo Common Council supports extending the property, estimated to be approximately 35,000 cubic yards
Production Tax Credit for renewable energy that has been in in volume; and
effect since 1992, which expired on December 31, 2003. Whereas: Funding is available pursuant to the New York
Be It Finally Resolved: State Department of Environmental Conservation's
That City Clerk's office forward certified copies of this Environmental Restoration Program to reimburse the City of
resolution to the Western New York Congressional Buffalo for 90% of the costs of conducting an environmental
Delegation. investigation of the site and properly managing and/or
ADOPTED. removing the lime material from the property; and
Whereas: New York State Department of Environmental 12021001 - 411001 Salary
Conservation has requested that tile City take action with $3,733,119.00
regard to the lime pile to avoid the potential impact of the 12021001 - 414007 Perfect Attendance
lime $39,788.50
pile on the wetland restoration activities taking place 12021001 - 414001 Longevity
adjacent to this property; and $95,425.00
Whereas: In order to fund the costs of remediation, we find it 12021001 - 415002 Uniform Allowance
in the City's interest to apply to New York State for a $22,650.00
remediation grant pursuant to the Environmental Restoration 45 Report Technician $ 27,215 - $
Program. This program permits municipalities to be 30,213
reimbursed for 90% of the costs incurred in undertaking a 17301002 - 421002 Active Health Care $
remediation pursuant to said program; and 20,281,228.83
Whereas: Honeywell., Inc., has committed to assisting the 17301002 - 421003 Life Insurance
City by providing a portion of the City of Buffalo's 10% share $192,360.00
of these costs pursuant to the terms and conditions of the 17301002 - 421004 Dental Insurance $
proposed attached agreement to be entered between the 2,006,520.00
City of Buffalo and Honeywell, dated July 2004; and 17302002 - 422000 FICA
Whereas: The City of Buffalo finds it desirable and in the $11,632,818.23
public interest to remove the lime pile from the property and 17303002 - 423001 ERS Pension $
undertake a remedial investigation and feasibility study of 6,315,698.48
that portion of the property underlaying the lime pile; IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the
Now, Therefore, Be It Resolved: Charter, that the immediate passage of the foregoing
That the Mayor is the representative authorized to act in ordinance is necessary.
behalf of the Municipality in all matters related to State We, ROCCO J. DIINA, COMMISSIONER OF POLICE AND
Assistance under ECL Article 56, Title 5. The representative MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby
is also authorized to make application, execute the State certify that the above change is necessary for the proper
Assistance conduct, administration and performance of essential
Contract, submit project documentation, and otherwise act services of that department. We recommend that the
for the Municipality's governing body in all matters related to compensation for said position be fixed at the respective
the project and to State Assistance; and amount set forth in the foregoing ordinance
Now, Therefore, Be It Further Resolved: PASSED
That the Municipality agrees that it will fund its portion of the AYES-9. NOES-0.
cost of the project and that the funds will be available to
initiate the project's filed work within twelve months of written NO. 291
approval of it's application by the Department of By: Mr.Thompson
Environmental Conservation; and Co-Sponsors: Messrs. Fontana, Davis, Bonifacio
Now, Therefore, Be It Further Resolved: ENFORCEMENT OF CITY OF BUFFALO CURFEW
That one certified copy of the authorization be prepared and Whereas: A youth was recently murdered at 1 am in the
sent to the Albany Office of the New York State Department morning, long after the City of Buffalo curfew, if the parents,
of Environmental Conservation together with the application community leaders and local government officials had a
for State Assistance; strong policy of enforcement of the law, perhaps this tragedy
Now, Therefore, Be It Finally Resolved: could have been avoided; and
That this authorization takes effect immediately. Whereas: Each night thousands of youths violate the curfew
PASSED. law. This represents another loose tire on the vehicle that
AYES-9. NOES-0. can potentially lead us to a safer community; and
NO. 290 Whereas: Community Police Officers and patrol officers,
BY: Ms. RUSSELL and community leaders should develop a zero tolerance
BUDGET AND PERSONNEL AMENDMENT policy for the remainder of 2004. Youths should be detained
20 – POLICE at local police stations or community centers until a parent or
1121 - ADMINISTRATION & COMMUNICATION legal guardian picks up the individual; and
Whereas: The City of Buffalo should fine the parents and
legal guardians of repeat offenders of the Curfew Law;
The Common Council of the City Of Buffalo does ordain as
Now, Therefore, Be It Resolved:
That the Mayor of Buffalo direct the Commissioner of the
Buffalo Police Department to develop a strategy to
follows:
immediately enforce the City of Buffalo Curfew Law; and
That part of Section I of Chapter 35 of the Code of the City of
Be it Further Resolved:
Buffalo, relating to 20 - Police, 1 12 1 Administration &
That the City Clerk of Buffalo forward copies of this
Communication, which currently reads:
resolution to the Office of the Mayor, to the Office of the
12021001 - 41 1001 Salary $ 3,642,480.00
Police Commissioner, the Division of Police Community
12021001 - 414007 Perfect Attendance $38,491.60
Services, and all of the local media.
12021001 - 414001 Longevity $94,225.00
Be it Finally Resolved:
12021001 - 415002 Uniform Allowance $21,330.00
That the Law Department of the City of Buffalo file a fine
42 Report Technician $ 27,215 - $ 30,213
schedule for violators of the City of Buffalo Curfew Law with
17301002 - 421002 Active Health Care $ 20,261,128.83
the City Clerk for the September 7, 2004 Common Council
17301002 - 421003 Life Insurance $192,036.00
meeting.
17301002 - 421004 Dental Insurance $ 2,004,000.00
ADOPTED.
17302002 - 422000 FICA $11,625,693.32
17303002 - 423001 ERS Pension $ 6,311,447.96
NO. 292
Is hereby amended to read:
By: Mr. Thompson By: Mr. Thompson
RENAMING ALL-HIGH STADIUM Co-sponsors: Mr. Davis & Mrs. Russell
Whereas: Homer B. Platt Jr., who founded the Western New REQUEST BOARD OF EDUCATION TO SET GOAL OF
York Jets in 1989, and was an avid lover of varsity athletics; 50% PARTICIPATION OF BUFFALO PUBLIC SCHOOLS
and IMPLEMENTATION OF A UNIFORM POLICY FOR YEAR
Whereas: For nearly a quarter century, Mr. Platt served as a 2004/2005
program manager of community planning and development Whereas: Currently, the top two public schools, #80 and
for the Buffalo district office of the United States Department #68, in academic performance are the same two schools
of Housing and Urban and Development (HUD); and that have successfully implemented a uniform policy; and
Whereas: Mr. Platt is the former coach of numerous Whereas: There is considerable reason to believe that
students, including members of the Bennett High School implementing a uniform policy can positively impact the
track and field team and to numerous track and field educational outcome of students while reducing the number
championship during his coaching years; and of suspensions, detentions, and discipline problems; and
Whereas: All-High Stadium, located adjacent to Bennett Whereas: An estimated 80% of Buffalo Public School
High, is the site of numerous victories for Mr. Platt, the children come from poverty stricken homes, therefore,
Bennett High School track team, and numerous students implementing a uniform policy would remove the ongoing
that he has coached throughout the years; and peer pressure to compete with the latest in designer attire
Whereas: To honor such a deserving person, the Platt and create a sense of equality; and
family, several community members, and the members of Whereas: Uniforms would prevent students from wearing
the educational community have requested that All-High specific colors and/or insignias to identify with their affiliation
Stadium be re-named in honor of Homer B. Platt Jr.; to "gangs or clicks which is a growing concern to teachers,
Now Be It Therefore Resolved That: administrators,
The Buffalo Common Council does hereby commend Homer parents and other students; and
B. Platt Jr. for the contributions that he has made to his Whereas: As with most individuals, the styles and patterns
community, family, profession, and the City of Buffalo, and we use for dressing are forms of expressions and can send
does hereby grant the Platt family's request to rename All-very strong messages when the form of dressing is too
High Stadium in honor of Homer B. Platt Jr. provocative or revealing, thus causing much distraction in an
REFERRED TO THE SPECIAL COMMITTEE ON educational environment; and
EDUCATION, BOARD OF EDUCATION AND Whereas: While wearing uniforms cannot be mandated, the
CORPORATION COUNSEL. overall academic rewards of implementing a policy are too
significant to ignore; and
NO. 293 Now, Therefore Be It Resolved That:
BY: Mr. Thompson, Mr. Bonifacio This Common Council requests that the Board of Education
REQUEST FOR A WAIVER OF THE PERMIT FEES FOR establish a 50% participation goal in year 2004/2005 to
THE GROUP WORKCAMPS begin implementing uniform policies within our Buffalo Public
Whereas: The Group Workcamps Foundation is a non-profit, School System.
interdenominational Christian volunteer home-repair Now, Therefore Be It Further Resolved That:
organization headquartered in Loveland, Colorado; and The Board of Education establish a special Uniform
Whereas: Working closely with Buffalo Weed and Seed, the Committee consisting of, but not limited to, Administrators,
Mayor's Office, and the Masten District Council Office, the Parents, Community Leaders and advocates to model the
Niagara Group Workcamps, which consists of over 400 process utilized at Public Schools #80 and #68 in order to
youth and adult volunteers, is scheduled to provide free obtain successful results in establishing the uniform policy.
home repairs in the City of Buffalo to as many as 60 Be It Finally Resolved That:
residents from July 25, 2004 to July 31, 2004; and The Board of Education provide the Buffalo Common
Whereas: Before some of the homes on this year's list can Council's Education Committee with a continual progress
be repaired, the Group Workcamps Foundation must apply report as to the status of the 50% goal to establish a uniform
and pay for a permit, which in this case is in excess of $700; policy.
and ADOPTED.
Whereas: The Group Workcamps Foundation, along with the
Masten District Council Office, and Weed and Seed have NO. 295
requested a waiver of au permits fees associated with this BY: Mr. Thompson & Mr. Davis
project; and REQUEST HUD SECRETARY & WNY FEDERAL
Whereas: Such a request is truly deserving of our DELEGATION MEETING WITH ALL MEMBERS OF
consideration and should be granted; COMMON COUNCIL REGARDING CDBG &
Now Be It Therefore Resolved That: HOME/HOUSING FUNDS
The Buffalo Common Council does hereby waive the permit Whereas: The City of Buffalo is in a state of crisis. Buffalo
fees associated with repairing homes through the Group has one of the highest rates of child poverty, AIDS, Cancers,
Workcamps Foundation's home repair program. houses with Lead, concentration of failing schools and
Now Be It Finally Resolved That: countless other negative statistics; and
Certified Copies of this resolution be forwarded to the Whereas: The City of Buffalo again is at risk of losing
Department of housing funds. Meanwhile city residents wait years to
Permits & Inspections, Buffalo Weed & Seed, the Mayor's receive funds to rehabilitate vacant homes and to acquire
Office, and the Group Workcamps Foundation. city-owned vacant lots; and
PASSED. Whereas: The Common Council has a limited role in
AYES-9. NOES-0. allocation and administration of these funds yet we receive
blunt of the criticism the programs are mismanaged and
NO. 294 residents flee our neighborhoods because the continued
rapid growth of blight particularly inner-city neighborhoods;
and
Whereas: Neighborhoods throughout the City of Buffalo are for many families represents another opportunity to ask
in desperate need of investment, redevelopment and questions and get answers; and
community revitalization, accordingly, we are in no position Now, Therefore, Be It Resolved:
to send much needed block grant funds to Washington, DC; That the Common Council of Buffalo host a Public Hearing
Now, Therefore, Be It Resolved: on Unsolved
That the City Clerk of Buffalo forward to the US Secretary of Homicides on Thursday, September 16, 2004, at 6pm in the
HUD and members of the WNY federal delegation; and Common Council Chamber; and
Be it Further Resolved: Be it Further Resolved:
That a meeting be scheduled with aforementioned parties That the Common Council of the City of Buffalo invite
and all 9 members of the Buffalo Common Council prior to members of the WNY state and federal delegation, the Erie
September 30, 2004; and County District Attorney, the Buffalo Police Department, the
ADOPTED. Governor of New York, the Speaker of the New York State
Assembly, the US Attorney for WNY, the Sheriff of Erie
NO. 296 County, the New York State Police, the US Marshall Service,
By: Mr. Thompson the ATF, the DEA, US Customs, Secret Service, and the
Co-Sponsors: Mr. Davis, Mr. Fontana FBI; and
REQUEST UPDATE FROM OFFICE OF STRATEGIC Be it Finally Resolved:
PLANNING & H.U.D. ON BUFFALO'S HOMESTEADING That the City Clerk of Buffalo forward copies of this
PROGRAM resolution to the members of the WNY state and federal
Whereas: The City of Buffalo currently owns more than delegations, the Erie County District Attorney, the Buffalo
4,000 vacant parcels of land. Many of these vacant lots are Police Department, the Governor of New York, the Speaker
not located in redevelopment areas nor are they suitable for of the New York State Assembly, the US Attorney for WNY,
revitalization efforts; and the Sheriff of Erie County, the New York State Police, the US
Whereas: Many residents in the Masten District and Marshall Service, the ATF, the DEA, US Customs, Secret
throughout the City of Buffalo are seeking to homestead Service, the FBI, the Mayor of Buffalo.
vacant lots adjacent to their home for additional yard space; ADOPTED.
and
Whereas: The Homestead Law is authorized by New York
State and it is due to expire this year. Expiration of this law
would seriously impair the City's ability to promote and NO. 298
execute neighborhood restoration and preservation efforts. By: Mr. Thompson
When residents acquire vacant lots they properties returning FELICITATIONS/IN MEMORIAM
to the tax roIls; and Attached hereto are Felicitation and In Memoriam
Whereas: Because The City of Buffalo can not afford to Resolutions sponsored by
manage nor adequately cut thousands of vacant lots each Members of the Common Council as indicated:
year, Homesteading these parcels will substantially reduce Felicitation for Frankie Scinta
the city's costs and greatly assist the city in its restoration By Councilmember Coppola, Michaux
efforts; and Felicitation for Russ Salvatore
Now, Therefore, Be It Resolved: By Councilmember Coppola, Michaux
The Office of Strategic Planning and US Department of ADOPTED.
Housing and Urban Development file with the City Clerk of
Buffalo, and written plan to renew the City of Buffalo NO. 299
Homestead Program by September 2, 2004; and ANNOUNCEMENT OF COMMITTEE MEETINGS
Be it Further Resolved: The following meetings are scheduled. All meetings are held
That copies of the resolution be forwarded to members of in the Common Council Chambers, 13 1h floor City Hall,
the WNY Aft Buffalo, New York, unless otherwise noted.
legislative delegation, the Office of the Mayor of Buffalo, the Regular Committees
Weed and Seed Program of Buffalo, the Mayor's Office of All Regular and Special Committees are adjourned until 9:30
Citizen Services, and the Office of Strategic Planning. o'clock a.m. on Tuesday, September 14, 2004.
ADOPTED. Special Committees
Bi-National Bridge Committee Thursday, July 29, 2004 at
NO. 297 2:00 o'clock P.M. in Room 1417 City Hall.
By: Mr. Thompson & Mr. Davis (Public Disclaimer): All meetings are subject to change and
SPONSOR COMMON COUNCIL HEARING ON cancellation by the respective Chairmen of Council
UNSOLVED HOMICIDES Committees. In the event that there is sufficient time given
Whereas: Since 1990, Hundreds of unsolved murder cases for notification, it will be provided. In addition, there may be
have occurred in the City of (Buffalo-sic). This statistic does meetings set up whereby the City Clerk's Office is not made
not include hundreds of attempted murder cases; and aware; therefore, unless we receive notice from the
Whereas: Many residents, community, government, respective Chairmen, we can only make notification of what
religious, and business leaders remain concerned about the we are made aware.
high number of unsolved homicide cases in Buffalo,
meanwhile our neighbor next door the Town of Amherst is NO. 300
the Safest Community in America? and ADJOURNMENT
Whereas: The level of governmental accountability does not On a motion by Mr. Coppola, Seconded by Mr. Golombek,
stop with the City of Buffalo. City, county, state, and federal the Council
enforcement agencies need to be held accountable for the Meeting adjourned at 4:24 p.m.
hundreds of unsolved homicide case.; and CHARLES L. MICHAUX, III
Whereas: The Common Council of Buffalo has always been CITY CLERK
a place where residents can have a voice and ask questions
and get answers. Thus, a hearing on Unsolved Homicides
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS
#7
OFFICE OF THE MAYOR-201 CITY HALL
JULY 22, 2004
Present:; Anthony M. Masiello, Mayor; Frank Belliotti, Deputy
Comptroller, David A. Franczyk, Council President-3
Absent: Michael B. Risman, Corporation Counsel-1
The Journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund
for the months of July 2004 amounting to $9,815.24 and request
that checks be drawn to the order of the persons named herein
for the amounts stated.
Adopted
Ayes-3. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the months of July 2004 amounting to $7,500.00 and
request that checks be drawn to the order of the persons named
herein for the amounts stated.
Adopted.
Ayes-3. Noes-0.
NO. 3
Mr. Masiello made a motion to authorize the Police and Fire
Pension Payroll for August 2004.
Adopted
NO. 4
On motion by Mr. Franczyk, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.