HomeMy WebLinkAbout09-0120-0115pp-0113,0114ss
No. 2
PROCEEDINGS
OF THE
CITY OF BUFFALO
January 20, 2009
PENSION PROCEEDINGS
January 15, 2009
SPECIAL SESSIONS
January 13, 2009
January 14, 2009
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
DAVID A. FRANCZYK
PRESIDENT PRO TEMPORE
SOUTH DISTRICT
MICHAEL P. KEARNS
MAJORITY LEADER
LOVEJOY DISTRICT
RICHARD A. FONTANA
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS – ELLICOTT
DEMONE A. SMITH – MASTEN
MICHAEL J. LO CURTO – DELAWARE
JOSEPH GOLOMBEK JR. – NORTH
DAVID A. RIVERA- NIAGARA
BONNIE C. RUSSELL-UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera,
Joseph Golombek Jr. -Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell -
Members
COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek
Jr.,
David A. Rivera, Demone Smith - Members
FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera,
Bonnie E. Russell - Members.
LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana,
Michael LoCurto, David Rivera-Members.
RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith -
Members
EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana,
Joseph Golombek Jr., David A. Rivera, Members
POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone
Smith – Members
PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A.
Rivera - Members
WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek,
Jr,
David A. Rivera, members
INVOCATION PLEDGE TO FLAG DATE January 20, 2009
FINAL
MAYOR
1- A. Revised snow Removal Standard Operating Procedure 2008-2009 LEG
MAYOR – EXECUTIVE
2- 1. Citizen Services-Monthly Report of Mayor’s Call and Resolution Center R&F
3- 2. Plan Bd- Negative Declaration-32 Floss Ave (Lov) R&F
4- 3. Strat Plan-Results Neg -428 Bailey (Lov) CD
5- 4. Strat Plan-Results Neg -16 Hirschbeck(Fill) APP
6- 5. Strat Plan-Results Neg -119 Lathrop(Fill) APP
7- 6. Strat Plan-Results Neg -48 Lowell(Nia) APP
8- 7. Strat Plan-Results Neg-27 Newell(Fill) APP
9- 8. Strat Plan-Results Neg-263 Orange(Ell) CD
10- 9. Strat Plan-Results Neg-288 Seventh (Ell) CD
COMPTROLLER
11- 10. Comprehensive Annual Financial Report FY Ended 6/30/08 FIN
PUBLIC WORKS
12- 11. Notification Serials 10258 to 10259 WAIVE 45 DAYS R&F
13- 12. Bridge Washing Maintenance Contract APP
14- 13. Capital Vehicle Purchase APP
15- 14. Change in Contract Bailey Genesee Fire Station(Lov) APP
16- 15. Change Order #1 Canadian National Railroad Bridge(North) APP
17- 16. Perm to Bid City Hall/City Court Fire Detection Alarm System(Ell) APP
18- 17. Report of Bids-Babcock St Bridge Replacement APP
POLICE
19- 18. Drug Asset Forfeiture Wire Transfers R&F
CORPORATION COUNSEL
20- 19. North Buffalo Library Lease-975 Hertel Ave(North) APP
CIVIL SERVICE COMMISSION
21- 20. Personal Service Contract-Develop & Administer
Training & Experience Exams(Abrams) CS
CITY CLERK
22- 20A Mayor Reported Out of State R&F
23- 21. Liquor License Applications R&F
24- 22. Reports of Attendance R&F
25- 23. Notices of Appointments-Council Interns ADOPT
26- 24. Notices of Appointment-Seasonal R&F
27- 25. Notices of Appointments- Temp/Prov/Perm CS
MISCELLANEOUS
28- 26. D. Adams-Monthly Report 12/08-Legal Aid Bureau R&F
29- 27. Buffalo Water Board-Monthly Operations Report December 2008 FIN
30- 28. R. Fontana-L. Herbert-Req Info on Fire Fighter Exam CS
31- 29. D. Franczyk-H & A Paris-Erie Canal Drama Theatre W/FRONT
32- 30. Hope House-Notice of Appeal-Halfway House LEG
33- 31. M. Kearns-G. Olejniczak-NFTA Small Boat Harbor W/FRONT
34- 32. M. LoCurto-Complaint City Reassessments 11/1998 to 12/2008 FIN
35- 33. Olmstead Parks-Partners With Bflo Inner City Youth Golf R&F
PETITIONS
36- 34. M. Moscati, Agent, Use 335 Grider to Enlarge a HSF(Mas)(Hrg 1/27) LEG,CPBD
37- 35. Rev R. Kerr, Agent, Use 1230 Genesee St TO Add Use of a HSF
(Mas)(No Pub Hrg) LEG,CPBD
RESOLUTIONS
55- 36. Fontana Excuse Councilmember Russell From Meeting ADOPT
56- 37. Fontana Excuse Councilmember Smith From Meeting ADOPT
57- 37A Fontana Excuse Councilmember Davis From Meeting ADOPT
58- 37B Fontana Excuse Councilmember LoCurto From Meeting ADOPT
59- 38. Franczyk Est Special Committee to Address Parks Issues ADOPT
60 39. Golombek Ordinance Amendment Chapter 511 Zoning LEG
------ 39A Golombek Disch Leg-CCP #59, 10/28/2008 OBJECT
61- 40. Russell Budget and Personal Amendment(PW) APP
62- 40A Smith Appoint Asst Legislative Aide(Lewis) CS
63- 41. Smith Comm of Deeds Public Duties ADOPT
64- 42. Smith Comm of Deeds ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
FINANCE
38- 1. Com 1 Jan 6 Amherst Station PILOT, 2665-2671 Main St (Mas)(Strat Plan) APP
39- 2. Com 5 Jan 6 Drug Asset Forfeiture Report FY Ending June 30, 2008(Pol) R&F
COMMUNITY DEVELOPMENT
40- 3. No 38 Jan 6 Results Neg-66 Miller(Fill)(Strat Plan)(#12,12/23) APP
41- 4. Com 10 Dec 23 Results Neg-23 Hauf(Mas)(Strat Plan) RECOMMIT
42- 5. Com 11 Dec 23 Results Neg-359 Hudson (Ell)(Strat Plan) RECOMMIT
43- 6. Com 13 Dec 23 Results Neg-628, 630 and 634 E. North (Ell)(Strat Plan) RECOMMIT
LEGISLATION
44- 7. Com 12 Jan 6 Sidewalk Café License-42 Chippewa West (Ell)(EDPI) APP
45- 8. No 52 Jan 6 Report of Auction 2347 Bailey(Lov)(Strat Plan)(#8,12/9)(#72,12/23) RECOMMIT
46- 9. No 53 Jan 6 Report of Auction 1290 East Ferry(Lov)(Strat Plan)(#9,12/9)(#73,12/23)RECOMMIT
47- 10. No 54 Dec 23 E. Sahal, Agent, Use 1010 Main Street For a HSF(Ell)(no pub hrg) R&F
48- 11. No 43 Nov 12 M. Kearns-Article Regarding 175 Potters Road R&F
49- 12. No 41 Oct 28 R. Wolfgang-D. Franczyk-Fifth PEG Access Channel R&F
50- 13. No 87 Dec 23 Food Store License-529 Dodge(Ell)(EDPI)(#28, 4/1)(#102, 4/15) APP
51- 14. No 84 Dec 23 Lodging House License-45 W. Chippewa(Ell)(EDPI)(#53, 7/22) APP W/COND
stnd
52- 15. Res100 Feb 5 Fees Associated with Refund Anticipation Loans(Except 1 & 2 Res) ADOPT
53- 16. Res 75 Oct 28 Ord Amendment-Ch 431 Tax Preparers-Regulation Thereof APP
WATERFRONT
54- 17. No 67 Dec 23 M. Kearns-P. Chadwick-Ledwon-Concerns Property at
821 Elk St(#44, 11/12) R&F
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JANUARY 20, 2009
AT 2:00 P.M.
Present - David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek, Kearns, LoCurto, Rivera, - 5
Absent -Davis, LoCurto, Russell, Smith - 3
On a motion by Mr. Fontana, Seconded by Mr.Kearns , the minutes of the stated meeting held on January 6, 2009 were approved.
FROM THE MAYOR
NO. 1
2008-2009 REVISED SNOW REMOVAL STANDARD OPERATING PROCEDURE
Attached for your honorable body's review is the City's revised 2008-2009 snow removal standard operating procedure. At the direction of
my office, a comprehensive review ofaI1 City snow removal operations was undertaken, resulting in revisions to the original Department of
Works, Parks and Streets 2008-09 Snow Removal Standard Operating Procedure Manual and the Department's snow removal
operations such as:
Implementation of GPS Pilot Program;
Adjustment to Alternate Parking Regulations;
Utilization of personnel in other city departments for snow removal;
Retaining private contractors for snow .removal;
Securing towing companies to remove illegally parked cars;
Improvements to residential plowing strategies;
Enhancing training for new and current employees;
Creation of snow fighting command center;
Requiring mandatory post storm reports;
Implementation of Corporate Emergency Access System.
I look forward to working with your honorable body in implementing these procedures.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
NO. 2
SUBMISSION OF MONTHLY REPORT- DECEMBER 2008
The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports
for the Mayor's Call and Resolution Center for the month of December 2008, as mandated by Section 6-20(c) of the City of Buffalo's City
Charter. This monthly statistical report details the number and nature of inquiries, requests and complaints received, classified by
Councilmatic district.
RECEIVED AND FILED
FROM THE CITY PLANNING BOARD
NO. 3
NEGATIVE DECLARATION 32 FLOSS
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to the New York State Environmental Quality Review
Act (SEQR), Article 8 of the New York State Environmental Conservation Law.
Lead Agency City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title Superior Lubricants
Location: 32 Floss Avenue
Type of Action: Unlisted - Uncoordinated
Description: Roberts Shackleton Boy on behalf of Superior Lubricants is proposing the modification of the building on the property located
at 32 Floss Avenue Buffalo New York. The project consists of modifying an existing 1-story 37,255 square foot concrete block/brick
building to a warehouse facility. Work to be completed will include constructing a new loading dock on the east side of the building with
two truck bays, a build out of the interior of the building (3700 square feet) for office and retail sales with the remaining area to be used for
warehouse space and vehicle storage. The site work will also include new plantings, a berm for the screening of the parking lot, new
grass areas, parking lot striping and fencing. The project is privately funded and will cost $100,000.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant
adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project
implementation and a Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: This project will convert a long vacant
Tops Supermarket into a productive warehouse with the possibility of employment for neighborhood residents as well as upgraded
landscaping that will be beneficial to the surrounding neighborhood. The identified potential negative impacts appear to be primarily short-
term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions,
which will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin
Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, Buffalo New York
14202 - (716) 851-5085.
Dated: December30 2008
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 4
RESULTS OF NEGOTIATIONS
428 BAILEY, 215' N SENECA
LOT SIZE: 56' X 13'
ASSESSED VALUATION: $2,000.00 (LOVEJOY DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Robert Skerker, 2615 Walden Avenue,
Cheektowaga, New York 14225 to purchase 428 Bailey. Mr. Skerker owns and operates 500 Bailey LLC, a light manufacturing business
located at 500 Bailey, which is adjacent to 428 Bailey. He intends to clean up and square off the property line and use the vacant lot for
additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Division of Real Estate has investigated the sale of similar commercial lots in the subject area. Sales range from Sixty Five Cents
($.65) to One Dollar and Thirty Five Cents ($1.35), per square foot.
The results of our negotiations are that Mr. Skerker has agreed and is prepared to pay Five Hundred Dollars ($500.00), One Dollar and
Twenty Five Cents ($1.25) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and
recording fees.
I am recommending that Your Honorable Body approve the sale of 428 Bailey to Mr. Robert Skerker of 500 Bailey LLC in the amount of
Five Hundred Dollars ($500.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 5
RESULTS OF NEGOTIATIONS
16 HIRSCHBECK, 126'N BROADWAY
LOT SIZE: 34' X 110' NL, IRR SL, 51.34' REAR ASSESSED VALUATION: $2,000.00
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Mark Zawadzki and Mrs. Diane Zawadzki, 8907
Erie Road, Angola, New York 14006 to purchase 16 Hirschbeck. Mr. and Mrs. Zawadzki own a two family dwelling at 18 Hirschbeck,
which is adjacent to 16 Hirschbeck. They intend to use the vacant lot for additional green space for their tenants.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchases.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty
Five Cents ($.65), per square foot.
The results of our negotiations are that Mr. and Mrs. Zawadzki have agreed and are prepared to pay Two Thousand Nine Hundred
Dollars ($2,900.00), Sixty Five Cents ($.65) per square foot for the subject property. They have also agreed to pay for the cost of the
transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 16 Hirschbeck to Mr. and Mrs. Zawadzki in the amount of Two
Thousand Nine Hundred Dollars ($2,900.00). I am further recommending that the Office of Strategic Planning prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Fontana moved: \~
That the above communication from the Office of Strategic Planning dated
January 12, 2009, be received and filed; and
That the offer from Mrs. Diane Zawadzki, residing at 8907 Erie Road, Angola, in
the sum of two thousand and nine hundred dollars ($2,900.00) for the purchase of
16 Hirschbeck, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by
the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 5 NOES - 0
NO. 6
RESULTS OF NEGOTIATIONS
119 LATHROP, 1148.32' N BROADWAY LOT SIZE: 30' X 179'
ASSESSED VALUATION: $1,900.00
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mrs. Wendy Sanders, 49 Clarendon Street, Buffalo,
New York 14209 to purchase 119 Lathrop. Mrs. Sanders owns and operates Joseph A. Sanders and Sons, Inc., a roofing business
located at 99 Lathrop Street, which is adjacent to 119 Lathrop. She intends to use the vacant lot for parking and extra storage for her
business.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Fifty Cents ($.50) to One Dollar
($1.00), per square foot.
The results of our negotiations are that Mrs. Sanders has agreed and is prepared to pay Four Thousand Dollars ($4,000.00), Seventy
Five Cents ($75) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 119 Lathrop Street to Mrs. Wendy Sanders of Joseph A. Sanders and
Sons, Inc., in the amount of Four Thousand Dollars ($4,000.00). I am further recommending that the Office of Strategic Planning prepare
the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated
January 5, 2009, be received and filed; and
That the offer from Mrs. Wendy Sanders, residing at 49 Clarendon Street, in the sum of four thousand dollars ($4,000.00) for the
purchase of 119 Lathrop, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by
the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 5 NOES – 0
NO. 7
RESULTS OF NEGOTIATIONS
48 LOWELL, 177.83' SE RHODE ISLAND
LOT SIZE: 28' X 57'
Assessed Valuation: Land $3,000. Improvement: $20,t00. Total $23,100. (Niagara District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jose Quinones and Mrs. Lourdes Diaz-Asia,
102 Congress Street, Buffalo, New York 14213 to purchase 48 Lowell Street. Mr. Quinones and Mrs. Diaz-Asia intend to renovate the
dwelling and use as a place of residence. The estimated cost of renovations is Ten Thousand Dollars ($10,000.00). They have provided
proof of financial ability to complete the purchase and repair the property.
The property consists of 1,486 square feet, two and one half story, three family frame dwelling in fair condition situated on a lot 28' x 57'.
The property was acquired by the City through In Rem #41 in October 2007. There have been no serious offers for the property since
being acquired by the City.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchasers.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Four Dollars
and Fifty Cents ($4.00) to Fourteen Dollars and Fifty Cents ($14.50), per square foot of living area.
The results of our negotiations are that they have agreed and are prepared to pay Six Thousand Five Hundred Dollars
($6,500.00), Four Dollars ($4.37) per square foot of living area for the subject property. They have also agreed to pay for the cost of the
transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 48 Lowell Street to Mr.
Jose Quinones and Mrs. Lourdes Diaz-Asia in the amount of Six Thousand Five Hundred Dollars ($6,500.00). I am further
recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated January 6, 2009, be received and filed; and
That the offer from Mrs. Lourdes Diaz-Asia, residing at 102 Congress Street, in the sum of six thousand and five hundred dollars
($6,500.00) for the purchase of
48 Lowell, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 5 NOES - 0
NO. 8
REAL ESTATE
RESULTS OF NEGOTIATIONS
27 NEWELL, 272' S WILLIAM'
LOT SIZE: 65' X 215'
ASSESSED VALUATION: $6100.00 (FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jay A. Pohlman, Attorney at Law, 3990
McKinley Parkway, Suite 1, Blasdell, New York 14219 representing Will Poultry Company to purchase 27 Newell Street. Will Poultry
Company intends to acquire this former parking lot and repave and fence in for their business located at 1075 William Street. The lot at
27 Newell is zoned M-1 and is properly zoned for the intended use.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty-Five Cents ($.45) to
Seventy-Five Cents ($.75), per square foot.
The results of our negotiations are that Will Poultry Company has agreed and is prepared to pay Five Thousand Four Hundred Dollars
($5,400), Sixty Six Cents ($.66) per square foot for the subject property. They have also agreed to pay for the cost of the
transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 27 Newell to Will Poultry Company in the amount of Five Thousand
Four Hundred Dollars ($5,400). I am further recommending that the Office of Strategic Planning prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute the
same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated January 5, 2009, be received and filed; and
That the offer from Mr. Jay A. Pohlman, Attorney at Law, 3990 McKinley Parkway, Suite 1, Blasdell for Will Poultry Company, in the sum
of five thousand and four hundred dollars ($5,400.00) for the purchase of 27 Newell, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 5 NOES - 0
NO. 9
RESULTS OF NEGOTIATIONS
263 ORANGE, 497.56' N HIGH
LOT SIZE: 40' X 100'
ASSESSED VALUATION: $1,900.00 (ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Mattie Davis, 255 Orange, Buffalo, New York
14204 to purchase 263 Orange. Ms. Davis owns and resides at 255 Orange, which is adjacent to 263 Orange. She intends to use the
vacant lot for additional yard space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Sixty Cents
($.60), per square foot.
The results of our negotiations are that Ms. Davis has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00),
Forty Eight Cents ($.48) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and recording
fees.
I am recommending that Your Honorable Body approve the sale of 263 Orange to Ms. Mattie Davis in the amount of One Thousand Nine
Hundred Dollars ($1,900.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the
same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 10
RESULTS OF NEGOTIATIONS
288 SEVENTH, 249.83' SE MARYLAND LOT SIZE: 33' X 132'
ASSESSED VALUATION: $2,900.00 (ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Jose Castillo, 187 Plymouth, Buffalo, New York
14213 to purchase 288 Seventh. Mr. Castillo owns an apartment type building at 286 Seventh, which is adjacent to 288 Seventh. He
intends to use the vacant lot for additional green space for his tenants.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Seventy Cents ($.70) to One
Dollar and Twenty Cents ($1.20), per square foot.
The results of our negotiations are that Mr. Castillo has agreed and is prepared to pay Two Thousand Eight Hundred Dollars ($2,800.00),
Seventy Cents ($.70) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording
fees.
I am recommending that Your Honorable Body approve the sale of 288 Seventh to Mr. Jose CastiIIo in the amount of Two Thousand
Eight Hundred Dollars ($2,800.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents
for the transfer of title and that the Mayor be authorized to execute the
same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMPTROLLER
NO. 11
COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2008
This is to advise that copies of the Comprehensive Annual Financial Report of the Comptroller of the City of Buffalo for the fiscal year
ending June 30, 2008 have been delivered to each Councilmember, the Common Council Chief of Staff, the City Clerk, the Mayor and the
Budget Office. Included therein is the Audit Report of Deloitte & Touche LLP.
This report is available as a public record for inspection by all interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written
response to the report of external audit and file such response with the City Clerk as a public record for inspection by all interested parties
not later than April 15, 2009.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 12
NOTIFICATION SERIAL #10258
METERED PARKING- REPEAL
ON BROADWAY, SOUTH SIDE BETWEEN ELM STREET
AND MICHIGAN AVENUE (EXCLUDING EXISTING NO PARKING AND NO STANDING AREAS)
(ELLICOTT DISTRICT)
METERED PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable
Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days after the first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 3 Section 33 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following: METERED PARKING
METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING
Broadway, south side 10 Hour Maximum Rate D
between Elm Street 8 am to 5 pm $2 per day
and Michigan Avenue Monday-Friday
(except No Standing and No Parking areas)
This action is being taken at the request of area businesses for more accessible customer parking. Peter J. Merlo, P.E. City Engineer
NOTIFICATION SERIAL #10259
INSTALL METERED PARKING
ON BROADWAY, SOUTH SIDE
BETWEEN ELM STREET
AND MICHIGAN AVENUE ( ELLICOTT DISTRICT)
METERED PARKING – INSTALL In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City
Engineer hereby notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That the part of Subdivision 25 Section 15 of Chapter 479 Ordinances of the City of Buffalo be supplemented by adding thereto the
following: METERED PARKING
METERED PARKING LOCATION PERIOD OF METERED PARRKING RATE OF METERED PARKING
Broadway, south side 2 Hour Maximum Rate B
Between Elm Street 8 am to 5 pm $.50 per Hour
And Michigan Avenue Monday – Saturday
(except No Standing and No Parking areas)
This action is being taken at the request of area businesses for more accessible customer parking.
Waive 45 Days
RECEIVED AND FILED
NO. 13
BRIDGE WASHING MAINTENANCE
CONTRACT
I have advertised on October 22, 2008 and received bids on November 12, 2008 for a Bridge Washing Maintenance Contract in the City
of Buffalo.
In obtaining bids for the above project, I have asked for bids on a unit price basis incorporating the structures in the various geographic
areas in the City.
The following bids were received:
Contractor Base Bid Alternate A Alternate B Total Bid
Dandrows Painting Inc. $24,128.00
Amstar of Western New York, Inc. $47,300.00 $ 31,800.00 $ 25,000.00 $104,100.00
United Eagle Painting Corp. $66,100.00 $ 44,925.00 $ 32,380.00 $143,405.00
Pensa Contractors Inc. $91,001.00 $ 72,000.00 $ 44,000.00 $ 207,001.00
R.W. Painting, Inc. $140,000.00 $ 68,000.00 $ 47,000.00 $255,000.00
Charter Contracting Corp. $ 172,000.00 $ 84,500.00 $ 54,000.00 $310,500.00
OP-Tech Environmental Svcs., Inc.$ 187,079.00$132,311.00 $ 76,812.00 $ 396,202.00
Artisan Contracting of WNY $1,843,579.52 $395,416.00 $987,252.00 $3,226,247.52
Dandrows Painting Inc. did not submit the proper bid security with their proposal. Therefore, based on our review and the Law
Department's review they were disqualified. Therefore, I hereby certify that the lowest responsible bidder for the above project is Amstar
of Western New York, 825 Rein Road, Cheektowaga, New York 14225 and respectfully recommend that your Honorable Body order the
work and the cost thereof to be charged to Account 31720006-445100 and 30032106-445100 in an amount not to exceed $104,t00.00,
plus a 10% unit price increase for an additional amount of $10,410.00 for a total award of$114,510.00.
As this is a Locally Administered Federal Aid Project the total contract award is 95% reimbursable by the Federal Highway Administration
and the New York State Department of Transportation. Therefore, the actual cost incurred by the City of Buffalo is 5% of the $114,510.00
or approximately $5,572.50.
The Engineer's Estimate for this work is $96,720.00. The above is certified to be a true and accurate statement of the bids received.
Under General Municipal Law any bidder may withdraw his bid if the award of this contract is not made by January 29, 2009. Individual
bid submissions are available in our office for inspection and copies are available upon request.
Mr. Fontana moved
That the above communication from the Commissioner of Public Works, Parks
and Streets dated January 9, 2009, be received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Bridge Washing
Maintenance, to Amstar of Western New York, Inc., the lowest responsible bidder, in the amount not to exceed $104,100.00, plus 10%
unit price increase for an additional amount of $I0,410.00 for a total award of $114,510.00. Funds for the project are available in Account
31720006-445100 and 30032106-445100.
PASSED
AYES - 5 NOES - 0
NO. 14
CAPITAL VEHICLE PURCHASE
Our Department is requesting permission to purchase the following vehicle from this year's Capital Outlay. One pickup truck with snow
plow for the Division of Engineering (estimated cost $30,000)
Funds for this vehicle are available in account 13111007-474200.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 13, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets and the Director of Inventory and Stores, be, and they hereby are authorized
to purchase one pick-up truck with snow plow for the Division of Engineering. That the purchase of this vehicle is approved contingent on
the new vehicle being designated as not authorized for take-home use, marked with the City Seal in accordance with Chapter 53 of the
City Code. Funds for this vehicle are available in account 13111007-474200.
PASSED
AYES - 5 NOES - 0
NO. 15
CHANGE IN CONTRACT
BAILEY GENESEE FIRE STATION
CONSTRUCTION
JOB #0722
LOVEJOY DISTRICT
I hereby submit to Your Honorable Body the following changes for the Bailey Genesee Fire Station, Construction, Consulting, Chaintreuil
Jensen Stark Architects, LLP, C #92010924.
1. Original quote was based on construction cost of $2,000,000. $61,608.00
Consultant's fee, on a percentage basis, was approximately 6% of this cost, however, the actual construction cost is $4,000,000. Their
contract called for a negotiated agreement if the cost was to exceed 10% of the original quote. After negotiations, we have agreed on an
increase of $61,808.00 which is less than double the cost at 6%.
The increase in cost is due to the following primary causes:
A. The original design was changed at the request of the Buffalo
Fire Department to add an additional apparatus bay on with an occupancy addition to the quarters, including necessary modifications and
architectural, HVAC/mechanical and electrical design.
B. Well subsurface testing was done in recommended numbers
and spacing. During construction adverse subsurface conditions were uncovered. These conditions resulted in extra excavation and fill
being required, along with additional design fees for rework of the foundation plan.
C. The City purchased the adjacent property and per requests,
this is now being incorporated into the landscaping. This has required more design time to modify the landscape design and site
drainage.
D. Additionally, all of the above added to the cost of the contract for
construction oversight.
The foregoing change results in a net increase in the contract of Sixty One Thousand Eight Hundred Eight and 00/100 Dollars
($61,808.00).
Summary: Original Contract Amount $112,900.00
Change Order#1 Add $ 3,800.00
Change Order #2 Add $28,236.40
Amount of This Change Order (#3) Add $ 61,808.00
Revised Contract Amount $206,744.40
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this
work will be available in 30320106 445100 - Division of Buildings.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 6, 2009, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3, to Chaintreuil
Jensen Stark Architects, LLP, an increase in the amount of $61,808.00, as more fully described in the above communication, for work
relating to Job # 0722, Bailey Genesee Fire Station Construction, C #92010924. Funds for this project are available in 30320106 445100
- Division of Buildings.
PASSED
AYES - 5 NOES - 0
NO 16
CHANGE ORDER #1CANADIAN NATIONAL RAILROAD BRIDGE
(NORTH)
The Department of Public Works, Parks & Streets is requesting permission of Your Honorable Body to increase the above Contract
Number 93000028 in the amount of $32,500.00 for a total contract amount of $312,070.00.
The additional funding was necessary to complete material testing that was required by the New York State Department of
Transportation and the Canadian National Railroad as well as additional inspection and construction services to complete the project.
As this is a Locally Administered Federal Aid Project the total contract is 95% reimbursable by the Federal Highway Administration and
the New York State Department of Transportation. Therefore, the actual cost incurred by the City of Buffalo is 5% of the $32,500.00 or
$1,625.00. Funding for the additional work is available in Account 31610006-445600.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 6, 2009, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1, an increase in
the amount of $32,500.00, as more fully described in the above communication, for work relating to the Canadian National Railroad
Bridge, Squaw Island Access Road Consultant Contract, Contract No. 93000028, PIN 5757.20. Funds for this project are available in
Account 31610006-445600.
PASSED
AYES - 5 NOES - 0
NO 17
PERMISSION TO BID CITY HALL/CITY COURT
FIRE DETECTION/ALARM SYSTEM (ELL)
Permission is hereby requested from Your Honorable Body to receive bids for the City Hall/City Court Fire Detection/Alarm System as
one package to allow for standardization. Because there is a single group of staff that covers both buildings, it would be easier to train
them to a high standard than if there were two (2) systems to learn. Also, in order for there to be cost efficacies, the buildings would be
treated as a single system to a great extent. This would involve pagers, dialers, etc., and a single maintenance contract.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 8, 2008, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to receive bids for the City Hall/City Court
Fire Detection/Alarm System.
PASSED
AYES - 5 NOES - 0
NO 18
REPORT OF BIDS-BABCOCK ST BRIDGE REPLACEMENT
This is to advise your Honorable Body that I have advertised for and received bids on January 14, 2009 for Replacement of the Babcock
Street Bridge over Norfolk Southern Railroad. The objectives of this project are to remove and replace existing bridge including approach
roadway, new sidewalk, water line and drainage system from Seneca Street to Clinton Street. Also enhance the corridor through the use
of landscape treatments and new lighting fixtures. The following bids were received for Babcock Street Bridge Replacement
1-Donald J. Braasch Const. Inc. $5,478,273.84*
2-Concrete Applied Technologies Corp. $5,850,398.50
3-UCC Constructors $6,616,930.30
4-Nichols, Long & Moore Construction Cor. $7,235,697.60
Adjusted total
Engineer’s Estimate: $6,117,860.32
I hereby certify that the lowest responsible bidders is Donald J. Braasch Const. Inc. Also, I respectfully recommend that your Honorable
Body authorize a contract award in the amount $ 5,752,187.53 (Base Bid $ 5,478,273.84+ a $273,913.69- 5% Unit bid increase = $
5,752,187.53). This Project is Funded by FHWA, New York State and the City of Buffalo as part of local Transportation Improvement
Program (T.I.P.) and City of Buffalo's share of costs are 5%. Funds for this project will be available in capital project Account established
specifically for this project.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 14, 2009, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Replacement of the
Babcock Street Bridge over Norfolk Southern Railroad, to Donald J. Braasch Const. Inc., the lowest responsible bidder, in the amount of
$5,752,187.53 (Base Bid $5,478,273.84 + a $273,913.60 - 5% unit bid increase -- $5,752,187.53). Funds for the project are available in
capital project Account established specifically for this project.
PASSED
AYES - 5 NOES - 0
FROM THE COMMISSIONER OF POLICE
NO 19
DRUG ASSET FORFEITURE WIRE TRANSFERS
PRIOR COUNCIL REFERENCE: Item No. 104, C.C.P. 2/2/88
TEXT: (TYPE SINGLE SPACE BELOW)
06-ATF-000664 765070-02-0032 101,065.32 (No 15% SHARE)
08-DEA-492735 C2-07-0028 2,356.92
08-DEA-494500 C2-08-0042 1,082.81
08-DEA-500236 C2-08-0107 1,754.89
08-DEA-501159 C2-08-0114 1,479.25
08-DEA-501172 C2-08-0116 1,194.85
08-DEA-501769 C2-08-0122 4,615.88
08-DEA-500860 C2-08-0112 3,441.25
08-DEA-502374 C2-08-0125 1,681.88
08-DEA-501918 C2-08-0124 2,068.90
08-DEA-501918 C2-08-0124 3,472.35 (15% SAFF)
TOTAL $124,214.30
The Drug Enforcement Administration (DEA) and/or U.S. Customs has administratively forfeited the above referenced property. The
funds were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000-389001.
15% of these funds have been deposited into SAFF account 10360 for fulfilling year 3 expenditures under SAFF legislation. The
remaining funds will be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police:
Educational Training/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers,
Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851-4624.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO 20
NORTH BUFFALO LIBRARY LEASE - 975 HERTEL AVENUE (NORTH)
The City has endeavored to provide a short term solution to the demand for library services in North Buffalo, following the closure of the
North Park and Fairfield branches of the Buffalo and Erie County Public Library.
In light of the demand for said library services, both City and Buffalo and Erie County Public Library personnel have engaged in an
exhaustive search for a convenient, accessible, ADA compliant, user friendly short-term site from which to provide library services. Of
particular importance was relative proximity to the neighborhoods to be served and the bus routes associated therewith and ample parking
to satisfy the large clientele expected to utilize the site. The only site that satisfied all of the above criteria is located at 975 Hertel Avenue
and negotiations began to secure the site on a short term basis upon the most favorable terms possible, as the search for a long term
solution continues.
Thus, attached for your Honorable Body's review and approval is a Lease Agreement between 1339 Main Street Associates and the City
of Buffalo, providing for the City's lease of 3,750 square feet of the premises commonly known as 975 Hertel Avenue for the benefit of the
Buffalo and Erie County Public Libraries.
The substantive terms of the Lease Agreement are, as follows:
• The term of the Lease Agreement is five years with a two-year renewal option.
• The City's monthly lease payments equal $3,143.85 per month, together with an additional estimated monthly payment of $2,615.50 for
library-related improvement costs (currently estimated at $156,990 payable over five years or sixty months).
• The City can cancel the Lease on 90 days notice during years two through five of the Lease Agreement and on six months notice in
years five through seven, should it choose to exercise its renewal option.
• Should the City exercise its renewal option, the monthly Lease payment for years six and seven would equal $3,437.50 per month.
• The Lessor is responsible for all maintenance costs and repairs.
• Buffalo and Erie County Public Libraries is responsible for the utility costs and for the maintenance of all library equipment, assets and
inventory stored and utilized therein.
• Staffing is the responsibility of Buffalo and Erie County Public Libraries.
• The Lessor is responsible for all exterior maintenance costs and repairs and the Buffalo and Erie County Public Libraries are
responsible for all interior maintenance costs and repairs.
We ask that Your Honorable Body authorize the Mayor to enter the attached Lease Agreement. We also ask that you authorize the
Corporation Counsel to prepare and the Mayor to execute any additional legal instruments necessary to implement the Lease Agreement
upon its terms and conditions.
COPY AVAILBLE IN THE CITY CLERKS OFFICE FOR REVIEW
Mr. Fontana moved:
That the above communication from the Department of Law dated January 15, 2009, be received and filed; and
That the Mayor be, and he hereby is authorized to enter into a Lease Agreement between 1339 Main Street Associates and the City, for
the City's lease of 3,750 square feet of the premises commonly known as 975 Hertel Avenue for the benefit of the Buffalo and Erie
County Public Libraries, upon the terms and conditions as included in the above communication.
PASSED
AYES - 5 NOES – 0
FROM THE CIVIL SERVICE COMMISSION
NO 21
PERSONAL SERVICE CONTRACT-DEVELOP & ADMINISTER
Nancy Abrams - Personal Services Contract for Truck Driver, Equipment Operator, and Heavy Equipment Operator Examinations
Attached is the personal services contract with Nancy Abrams, the examiner selected to develop and administer the Training and
Experience Examinations for the titles of Truck Driver, Equipment Operator, and Heavy Equipment Operator. This contract is a result of
the RFP process.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO 22
MAYOR REPORTED OUT OF STATE
Mayor Byron W. Brown Out of Town Travel
Pursuant to Section 4-4 of the City of Buffalo Charter, I will be out of state from Sunday, January 18, 2009 until the evening of
Wednesday, January 21,2009.
I hereby designate Commissioner Janet Penksa, Administration, Finance, Policy and Urban Affairs to perform the Mayor's duties in my
absence.
RECEIVED AND FILED
NO 23
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner’s Name
810 Elmwood Juniper Lady Business LTD
245 Allen St Allen St Hardware Café Mark Goldman
3051 Main St Broadway Joes BS Enterprizes
3160 Main St 3160 Main St Michael Moynihan
520 Niagara St Rendezvous Tina DeJesus
1491 Broadway Jr Lounge Angela Martinez
2056 South Park Talty’s Dennis M. Talty
RECEIVED AND FILED
NO 24
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the
membership attendance at their respective meetings:
Buffalo Sewer Authority
RECEIVED AND FILED.
NO 25
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Fontana moved the approval of the appointments to the position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment Effective 12/19/08 in the Department of Common Council Division of City Clerk to the Position of Intern IX Non-Competitive
Flat Starting Salary of $11.00 per hour.
Sean Mikula, 436 Potomac Ave, Buffalo 14213
NO 26
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED
CERTIFICATE OF APPOINTMENT
Appointment Effective 1/13/09 in the Department of Public Works Division of Streets to the Position of Laborer II Seasonal Appointment
Flat Starting Salary of $11.11 per hour.
Larthonia Redden, 60 Lemon St, Buffalo 14204
NO 27
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per
contract requirements)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Certificate of Appointment
Appointment Effective 11/24/08 in the Department of Economic Development, Permit and Inspection Services Division of Plan Review to
the Position of Typist Temporary Appointment Minimum Starting Salary of $28,755
Alan D. Brown, 105 Custer St, Buffalo 14214
Certificate of Appointment
Appointment Effective 12/22/08 in the Department of Economic Development, Permit and Inspection Services Division of Demolitions to the
Position of Sr. Typist Provisional Appointment Minimum Starting Salary of $30,270
Nathan C. Neuman, 68 Shoreham Pkwy, Buffalo 14216
Certificate of Appointment
Appointment Effective 1/05/09 in the Department of Public Works Division of Streets to the Position of Truck Driver Temporary
Appointment Minimum Starting Salary of $31,295
Michael Bruno, 11 Abbottsford Pl, Buffalo 14213
Certificate of Appointment
Appointment Effective 1/05/09 in the Department of Public Works Division of Streets to the Position of Account Clerk-Typist Temporary
Appointment Minimum Starting Salary of $29,931
Vincent Lopez, 108 Carmel Rd, Buffalo 14214
Certificate of Appointment
Appointment Effective 1/02/09 in the Department of Assessment and Taxation to the Position of Assessor Temporary Appointment First
Step Starting Salary of $45,207
Jeremy D. Martz, 95 Kimberly Ave, Buffalo 14220
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO 28
D. ADAMS-MONTHLY REPORT 12/08-LEGAL AID BUREAU
Dear Chairperson Davis
Enclosed please find a copy of our Monthly Report and Monthly Activity Report for December 2008.
Please feel free to call me at 853-9555 Ext. 453, or our Housing Attorney, Sherree Meadows, at 853-9555 Ext. 555, if you have any
questions.
Very truly yours,
2.
Dorothy Adams
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO 29
BUFFALO WATER BOARD-MONTHLY OPERATIONS REPORT DECEMBER 2008
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE
NO. 30
R. FONTANA-L. HERBERT-REQ INFO ON FIRE FIGHTERS EXAM
Mr. Fontana
I would like to find out some information on the civil service exam that my 2 sons took for
the fire dept. I understand that both boys were given 10pts because their father died in the line of duty. Both boys did good on the exam
and Patrick will be going on the first class. His brother Donald should follow if the city puts on a 2nd or 3 class off that list. My question is
If children of fallen fire or police officers pass the exam and the physical I believe out of respect of the fallen parent the child should be
appointed. It is very difficult to imagine after experiencing such a loss that a child would want to follow in their fathers line of work. I would
like to bring this idea to the city of buffalo and see if this change can be made. Thank you. Linda Herbert 823-3230
REFERRED TO THE COMMITTEE ON CIVIL SERV!CE.
NO. 31
D. FRANCZYK-H&A PARIS-ERIE CANAL DRAMA THEATRE
Dear President Franczyk:
We sent you a letter regarding our proposal to create a Floating Theatre to produce our outdoor drama on the historical beginning of the
Erie Canal called Canal which we would like to see produced in the summer of 2010,
Clinton "s Ditch: theStory of the Building of the Erie
We now have many letters and phone calls from mayors of many towns, communities and ports along the canal who want to be partners
with us in developing the Floating Theatre which will tour Buffalo and these ports if we are successful in developing this project.
We would like for you to arrange a meeting at your office with the Erie Canal Harbor Project Management to discuss and consider the
following:
1. Being a partner with the Erie Canal Drama Theatre in developing its floating theatre production of
Clinton's Ditch: the Story of the
which ,when completed ,will tour Buffalo and towns and communities along the canal for theatrical
Building of the Erie Canal(1810-1825)
performances of this historical story.
2. Provide docking space for the floating theatre near the Commercial Slip and provide space for the performance of the play.
3. Provide a boat or barge to use as a Floating Theatre, or assistance, if possible.
4.Provide some assistance in funding the Floating Theatre.
5. Provide the following which will also help tourism in the Buffalo area.
A. A statue of Gov. DeWitt Clinton and other political leaders who were instrumental in bringing about this historical monument.
B. A statue or statues of the 'Mitch diggers" who dug the canal for 8 years through the entire state of New York. This Play tells the story of
both Gov. Clinton and these "ditch diggers". And this is important to the American Labor Movement.
C. A replica of the Seneca Chief, the boat which was used by Governor Clinton to open the Canal in 1825. And discussion of other
related matters.
If you can arrange this meeting we will greatly appreciate it.
Sincerely,
Hugh Pratt & Anne Paris
Originators & Writers
716-844-3315
E Mail: hhackettpratt@yahoo.com
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 32
HOPE HOUSE-NOTICE OF APPEAL-HALFWAY HOUSE
Re: Hope House of Buffalo
335 Grider St.
Buffalo, New York 14215
448 delaware avenue 716.883.35~16 telephone
Dear Gerald,
On January 7, 2009 our office filed for applications for Building Permit, Planning Board, Zoning
Board of Appeals and Common Council review and approval for renovations & alterations to
Hope House at 335 Grider St., Buffalo, NY.
We have confirmed with the Owner/Operator and request that amendments be made to the applications and notices filed as follows:
1. NOTICE OF APPEAL:
A. AMEND-
Under Section 511-94 of the City of Buffalo Zoning Code
We request increase of the occupants of a halfway house from 9 to 19 persons.
Restricted Use Permit - Human Services Facilities, Permit Application Checklist:
A. AMEND-
The approximate number of clients assisted daily = to 9 currently and 19 anticipated.
B. AMEND-
The agency operates the following programs, and/or offers shelter or housing, at the site for:
OMIT - Residential Treatment Facility established for penal or correctional
purposes or similar facilities.
ADD Emergency, Temporary or Short Term Shelter - up to six-month
residency.
C. AMEND-
Housing is provided on site -
Number of residents assisted daily = 9 currently and 19 anticipated.
D. AMEND-
Agency is publicly funded -
ADD - County
Thank you for your time and consideration in this matter.
If you have any questions please do not hesitate to call me.
Sincerely,
TRM Architecture, Design & Planning, PC
Robert A. Dollman, AIA Associate
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 33
MEMORANDUM
LETTER FROM GERALD OLEJNICZA~R~." NFTA SMALL BOAT HARBOR
I would like to file the attached information for the next Common Council meeting to be held on January 20, 2009.
Thank you.
Dear Councilmember Kearns,
I’m writing for your assistance in a matter involving the NFTA Small Boat Harbor. Every year the NFTA looks the gates to the parking lots
by the end of November This causes problems for the fisherman who ice fish at the harbor, The only lot that is open is near the Harbor
restaurant ( Dug's Dive) which maims for a long walk for the firemen that fish at the end of the harbor Also, the lot tilts up rather
quickly and can become somewhat of a danger to the people .trying to navigate through the vehicles and elements
What we would like is for the NFTA to keep open the gates to the lots labeled A and B on the enclosed diagram. This would allow access
to these lots from the east side of the harbor,
Any assistance that the Council can provide would b¢ greatly appreciated. Thank you in advance for your time and consideration. Please
contact me if further information is needed.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 34
RE: 2009 TAX RE-ASSESSMENT FOR CITY OF BUFFALO
Dear Mr. Chwalinski:
Please file the attached item for further discussion at the next Common Council session to be held January 20, 2009.
Thank you in advance for your assistance in this matter.
Sincerely,
MICHAEL J. LoCURTO
Delaware District Councilmember
Available for review in The City clerk’s Office
REFERRED TO THE COMMITTEE ON FINANCE
NO. 35
OLMSTEAD PARKS CONSERVANCY PARTNERS WITH BUFFALO INNER CITY YOUTH GOLF
Available for review in the City Clerk’s Office
RECEIVED AND FILED
PETITIONS
NO. 36
M. MOSCATI, AGENT, USE 335 GRIDER TO ENLARGE A HSF
(MASTEN)(HRG 1/27/09)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 37
REV. R. KERR, AGENT, USE 1230 GENESEE, ADD USE OF HSF
(MASTEN)(NO HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
REGULAR COMMITTEES
FINANCE
(MICHAEL P. KEARNS, CHAIRMAN)
NO. 38
AMHERST STATION PILOT AGREEMENT -2665-2671 MAIN STREET
(ITEM NO. 1, C.C.P., JAN. 6, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That the Common Council approves the PILOT Agreement between the City of Buffalo, the County of Erie and Amherst Station Housing
Development Fund Company, Inc. for 2665-2671 Main Street, be and the same hereby is approved.
PASSED
AYES - 5 NOES - 0
NO. 39
DRUG ASSET FORFEITURE REPORT FY ENDING JUNE 30, 2008(POL)
(COP# 5, 1/6)
That the above item be the same and hereby is Received and Filed.
ADOPTED
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRMAN)
NO. 40
RESULTS OF NEGOTIATIONS - 66 MILLER
(ITEM NO. 12, C.C.P., DEC. 23, 2008)
(ITEM NO. 38, C.C.P., JAN. 6, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
That the offer from Loren D. Crowden, 8445 North Main Street, Eden, in the sum of one thousand and five hundred dollars ($1,500.00) to
purchase the property described as 66 Miller, be and hereby is accepted; and
That the purchaser has also agreed to pay for all closing costs associated with the transfer of title; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the bids were submitted.
PASSED
AYES - 5 NOES – 0
NO. 41
RESULTS OF NEGOTIATIONS - 23 HAUF
(ITEM NO. 10, C.C.P., DEC. 23, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO. 42
RESULTS OF NEGOTIATIONS - 359 HUDSON
(ITEM NO. 11, C.C.P., DEC. 23, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO. 43
RESULTS OF NEGOTIATIONS -628, 630 AND 634 E. NORTH
(ITEM NO. 13, C.C.P., DEC. 23, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
LEGISLATION
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 44
SIDEWALK CAF6 LICENSE - 42 CHIPPEWA WEST (ITEM NO. 12, C.C.P., JAN. 6, 2009)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to issue a "Mere License" to Jose Antonio Palma, Jr., owner, located at 42 Chippewa West, to install a similar 5'
5" x 27' sidewalk cafe, which would encroach city right-of-way at said address, subject to the conditions as, requested by the
Commissioner with the following conditions:
1. That the applicant obtain any and all other City of Buffalo permits necessary for said installation including a building permit.
2. That the addition be installed exactly as shown on plans submitted to and approved by the Department of Permit and Inspection
Services.
3. That the encroachment does not exceed 150 square feet in area or project more than 5.5 feet from the property line into City right of
way.
4. That the applicant be responsible for relocation of any underground utilities affected by the installation of said addition.
In the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors
effecting the health, safety and welfare of the public, or the needs of the City, said Commissioner may order the immediate removal of
said encroachment as described in Chapter 413-67 (G) of the City Charter.
5. That the applicant supply the City of Buffalo with a construction in street bond and/or certificate of insurance, in an amount determined
sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage
arising out of the construction, maintenance, use and removal of said encroachment.
PASSED
AYES - 5 NOES – 0
NO. 45
REPORT OF AUCTION 2347 BAILEY
ITEM NO 8 CCP DEC 9, 2008
ITEM NO 52 CCP JAN 6, 2009
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 46
REPORT OF AUCTION - 1290 EAST FERRY
(ITEM NO. 9, C.C.P., DEC. 9, 2008)
(ITEM NO. 53, C.C.P., JAN. 6, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO 47
E. SAHI, PETITION TO USE 1010 MAIN STREET - HUMAN SERVICE FACILITY
(ITEM NO. 54, C.C.P., DEC. 23, 2008)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the petition of E. Sahi, agent, owner, for permission to use 1010 Main Street for a Human Service Facility, altering two existing three
story masonry office buildings be, and hereby is received and filed. Common Council staff is directed to send a letter to the Zoning Board
of Appeals expressing the Common Council's support for said application in time for its January 28, 2009 meeting.
RECEIVED AND FILED
NO 48
M. KEARNS-ARTICLE REGARDING 175 POTTERS ROAD
(#43, 11/12)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 49
R. WOLFGANG-D. FRANCZYK-FIFFH PEG ACCESS CHANNEL
(#41, 10/28)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 50
FOOD STORE LICENSE - 529 DODGE
(ITEM NO. 25, C.C.P., APR. 1, 2008)
(ITEM NO. 87, C.C.P., DEC. 23, 2008)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he
hereby is authorized to grant a Food Store License to Mohamed Sawal, d/b/a Dodge Express Mart located at 529 Dodge.
PASSED
AYES - 5 NOES - 0
NO 51
LODGING HOUSE LICENSE - 45 WEST CHIPPEWA STREET
(ITEM NO. 53, C.C.P., JULY 22, 2008)
(ITEM NO. 84, C.C.P., DEC. 23, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and
he hereby is authorized to grant a Lodging House License to Candace Isaacs located at 45 West Chippewa Street with the following
conditions:
1. Tenants of said Lodging House are strictly prohibited from congregating in front of 45 West Chippewa Street in the area the building's
facade and the curb.
2. Loitering in front of 45 West Chippewa and impeding the free flow pedestrian traffic is strictly prohibited and the Lodging House agent
is responsible for Insuring that none of her tenants or their guests loiter in such a manner as to obstruct or impede the free flow of
pedestrian traffic on Chippewa Street within the right-of-way.
PASSED
AYES - 5 NOES - 0
NO 52
FEES ASSOCIATED WITH REFUND ANTICIPATION LOANS
(ITEM NO. 100, C.C.P., FEB. 5, 2008)
That the Common Council request the Law Department, using the successful passage of New York City's Law (Int 0383-2003) as a
model, draft a similar ordinance requiring refund anticipation loan brokers to prominently display all associated fees and interest rates and
inform customers that they could receive their full refund from IRS in less than two weeks time if they have a bank account and use direct
deposit; and
That upon receipt of this ordinance from the Law Department, the Common Council formally adopt and implement this noble effort to
prevent the exploitation of low income individuals; and
That the City will work to develop, expanding and support existing opportunities for citizens to access free tax preparation services and
increase their financial literacy, therefore, ultimately improving the overall quality of life of them and their families.
ADOPTED
NO 53
ORDINANCE AMENDMENT - CHAPTER 431 - TAX PREPARERS, REGULATION THEREOF
(ITEM NO. 75, C.C.P., OCT. 28, 2008)
That the Ordinance Amendment as contained in Item No. 75, C.C.P., October 23, 2008, be and the same hereby is approved.
PASSED
AYES - 5 NOES - 0
WATERFRONT DEVELOPMENT
MICHAEL P, KEARNS
CHAIRMAN
NO 54
M. KEAMS-P. CHADWICK-LEDWON-CONCERNS PROPERTY AT 821 ELK ST.
(#44, 11/12/08)(#67, 12/23/08)
That the above item be the same and hereby is Received and Filed.
ADOPTED
RESOLUTION
NO 55
BY: MR. FONTANA
EXCUSE COUNCILMEMBER RUSSELL FROM MEETING
Whereas: Councilmember Bonnie E. Russell will be unable to attend the Council meeting on Tuesday, January 20, 2009;
Now, Therefore, Be It Resolved That:
The Common Council excuses Councilmember Bonnie E. Russell from attending The Tuesday, January 20, 2009, Common Council
meeting.
ADOPTED
NO 56
BY: MR. FONTANA
EXCUSE COUNCILMEMBER SMITH FROM MEETING
Whereas: Councilmember Demone A. Smith will be unable to attend the Council meeting on Tuesday, January 20, 2009;
Now, Therefore, Be It Resolved That:
The Common Council excuses Councilmember Demone A. Smith from attending The Tuesday, January 20, 2009, Common Council
meeting.
ADOPTED
NO 57
BY: MR. FONTANA
EXCUSE COUNCIL MEMBER DAVIS FROM COMMON COUNCIL MEETING TUESDAY, JANUARY 20, 2009
Whereas: Council Member Brian C. Davis respectfully requests permission to be excused from Common Council Session on Tuesday,
January 20, 2009.
Now therefore be it resolved that:
The Common Council of the City of Buffalo does hereby grant Ellicott District Council Member Brian C. Davis' request for permission to
be excused from the Common Council Meeting on Tuesday, January 20, 2009.
ADOPTED
NO 58
BY: MR. FONTANA
COUNCIL MEMBER LOCURTO EXCUSED FROM COUNCIL MEETING
RESOLVED:
That Council Member Michael LoCurto be and hereby is excused from attendance at the Common Council Meeting of
January 20, 2009.
ADOPTED
NO 59
BY: DAVID A. FRANCZYK
ESTABLISHING A SPECIAL COMMITTEE OF THE COMMON COUNCIL TO ADDRESS PARKS ISSUES
WHEREAS, It is important for the City to work with neighborhood and community boards to periodically review the operation of its
parklands; and
WHEREAS, This is especially true considering the City of Buffalo no longer has direct control over many aspects of its parklands as a
result of the Intermunicipal Cooperation Agreement for Operation, Maintenance and Improvement of City of Buffalo Parklands; and
WHEREAS, It is important for the City to ensure that both Buffalo and its partners under said Agreement provide constant and consistent
maintenance to City parklands; and
WHEREAS, City residents and other elected officials should have a venue to voice concerns and identify issues regarding City parklands
and the creation of a Common Council Special Committee on Parks could provide such a venue; and
WHEREAS, Pursuant to Section 3-13 of the City Charter, the membership of a committee shall be appointed by the President of the
Common Council, who shall also be charged with appointing and filling any vacancies that may arise on said committee from amongst the
membership of the Common Council.
NOW THEREFORE BE IT RESOLVED,
That the Common Council immediately creates a Special Committee on Parks which shall be charged with reviewing the present state
and future of our City parklands and the Intermunicipal Cooperation Agreement for Operation, Maintenance and Improvement of City of
Buffalo Parklands; and
NOW THERFORE BE IT FURTHER RESOLVED,
That the Special Committee of the Common Council on Parks shall meet as deemed appropriate by tile Committee Chairman, and that
said Special Committee shall be composed of one (1) Chairman and four (4) Members, all of whom shall have a vote on said Special
Committee.
NOW THERFORE BE IT FINALLY RESOLVED,
That in my capacity as President of the Common Council, I hereby designate Demone A. Smith, Masten District Council Member to serve
as Chairman of the Special Committee of the Common Council on Parks, and Brian C. Davis, Ellicott District Council Member, Richard
A. Fontana, Lovejoy District Council Member, Michael P. Kearns, South District Council Member and Michael J. LoCurto, Delaware
District Council Member to serve as members of said Special Committee.
ADOPTED
NO 60
BY: MR. GOLOMBEK
ORDINANCE AMENDMENT CHAPTER 511, ZONING
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 511 of the Code of the City of Buffalo be amended to read as follows:
ARTICLE XXVIII, Citywide Design and Site Plan [Added 6-24-1997, effective 7-7-1997; amended 7-13-1999, effective 7-21-1999]
§ 511-137. Legislative intent.
It is desirable to establish reasonable controls over developments which, by reason of their magnitude, may have adverse effects on
adjoining uses and services provided by the City. Moreover, the aesthetics of such developments should also be subject to public review
in order to preserve "and enhance the quality of the built environment for generations to come. Lastly, the imposition of design and site
plan review places discretion with the City with regard to the environmental review process as stipulated under the State Environmental
Quality Review Act (SEQR}.
§ 511-138. Design and site plan review required.
A. The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove design and site
plans throughout the entire City for the following:
(1) All new construction, including residential, (private, public or religious) in excess of $100,000 in value or 50,000 square feet in
area.
(2) All rehabilitation (private, public or religious) in excess of $80,000 or 50,000 square feet in area and any demolition action (private or
public) in excess of $100,000 not mandated for public safety reasons. [Amended 5-1-2001, effective 5-15-2001]
(3) All (private or public) industrial or commercial development occurring within 300 feet of a residential use (excluding property
boundaries) shall be subject to this section.
(4) All expansions to off-street parking lots in excess of 3,000 square feet and having more than six vehicle spaces, loading and
stacking areas and structures.
(5) All structures on the public right-of-way. [Added 5-29-2001, effective 6-11-2001]
B. Elements to be included in the design and site development review may include, but are not limited to: parking, means of
access and egress, pedestrian sensitivity, screening, signage, landscaping, architectural features, location and dimensions of buildings,
impact of the development on adjacent properties, environmental matters and such other elements which may be related to the health,
safety and general welfare of the community.
§ 511-139. Exempt sites. [Amended 5-29-2001, effective 6-11-2001]
There shall be no sites exempt from the requirements of design and site plan review.
§ 511-140. Initiation.
If design and site plan review is required, an application for design and site plan review may be filed by the owner of or other persons
having a contractual interest in the subject property. Once it has been determined that a project falls within the guidelines of this article,
no building permit shall be issued until the review is completed.
§ 511-141. Design review procedures. [Amended 5-2%2001, effective 6-11-2001]
Upon a finding by the Permit Office that a proposed development is subject to design and site plan review, a preliminary conference may
be held between the Division of Zoning and Land Use Planning and the applicant prior to the submission of a formal site plan. The intent
of such a conference is to enable the applicant to inform the Division of Zoning and Land Use Planning of a proposal prior to the
preparation of a detailed site plan and for the division to review the basic site design concept, to advise the applicant of potential
nonconformance with the Code of the City of Buffalo and to generally determine the information to be required on the site plan. In order to
accomplish these objectives, the applicant shall provide the following:
A. A plan showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with
descriptions), existing and proposed vegetation and landscaping and other planned features; anticipated changes in topography and other
natural features; and, when applicable, any changes to existing structures; and
B. An area map showing the parcel under consideration for site plan review and all properties, streets, rights-of-way, easements
and other pertinent features within 200 feet of the boundaries of the parcel.
§ 511-142. Application requirements• [Amended 5-29-2001, effective 6-11-2001]
Upon a finding by the Permit Office that a proposed development is subject to design and site plan review, an application for design and
site plan approval shall be made in writing to the Director of the Division of Zoning and Land Use Planning and shall be accompanied by
information contained on the following checklist. Where the preliminary conference was held, the accompanying information shall be
drawn from the following checklist as determined necessary at the preliminary conference. Additional materials may be submitted in
support of the design and site plan.
A. The design and site plan shall show the following:
(1)Scale and North arrow: one inch equals 20 feet or suitable for presentation determined by the Division of Planning.
(2) All property and street pavement lines.
(3) Existing and proposed contours.
(4) Gross area of tract in square feet.
(5) If parking is involved, show calculations for determining the required number of spaces according to this chapter. Give number
of proposed spaces.
(6) Proposed ingress and egress to the site, including on-site parking areas. Delineate traffic flow with directional arrows.
(7) Designation of required screening between parking and adjacent areas.
(8) Location of all existing trees with a diameter of three inches or more.
(9) Location of existing landscaping that will be retained and proposed landscaping differentiated and shown on the plan. The tree
size, number and spacing of all plantings must be illustrated.
(10) Location of all existing {to remain) and proposed buildings on the site and all buildings within 50 feet of the site's boundaries
(elevations).
(11) Location of all existing (to remain) and proposed lighting standards and signs.
(12) Location of all existing and proposed surface and subsurface drainage facilities.
B. Elevations. Complete street elevations of all proposed construction and landscape elements containing the following
information:
(1) Scale of one-fourth inch equals one foot or suitable for presentation determined by the Division of Planning.
(2) The location of all signs.
(3) Designation of kind, color and texture of all materials to be used.
C. Section profiles. Two section profiles through the site are required, containing the following information:
(1) Scale of one-fourth inch equals on foot or suitable for presentation determined by the Planning Division.
(2) Buildings.
(3) Lighting fixtures and standards.
(4) Landscape elements.
(5) Signs.
D. Material samples shall be required for all man-made surfaces.
E. Evidence of site control.
F. Estimated project construction schedule.
G. Identification of any permits from other governmental bodies required for the project's execution.
H. A completed environmental assessment form (EAF) as per the provisions of SEQR.
I. Such other information or documentation as the Division of Planning staff may deem to be necessary or appropriate for a full
and proper consideration and disposition of the application.
§ 511-143. Required fee.
An application for design and site plan review shall be accompanied by a fee, payable to the City of Buffalo Planning Board, for each
application as set forth in Chapter 175, Fees. The foregoing fees shall not be reduced by any fees which may be collected by various
governmental authorities other than the City of Buffalo in connection with the approvals required under the provisions of this chapter. No
public hearing will be scheduled without payment of design and site plan fee.
§ 511-144. Planning Board decision. [Amended 5-29-2001, effective 6-11-2001]
Within 62 days of the receipt-of the application for site plan review, the Planning Board shall render a decision. A public hearing is
required prior to a Planning Board decision. Public notice of such a hearing shall be made by publication in a newspaper having a general
daily circulation within the City of Buffalo at least 10 days prior to the hearing date. Written notice by first class mail will be sent at least 10
days prior to the hearing date to all property owners within 400 feet of the site of the boundaries and the members of the Common
Council. The Planning Board may approve, approve with modifications or disapprove the development according to the standards outlined
in this chapter. The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant
and the Planning Board.
§ 511-145. General standards and considerations.
The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
A. Notwithstanding the provisions of this article, the New York State Uniform Fire Prevention and Building Code shall be
applicable and controlling at all times.
B. The potential negative environmental impact of the project and the ability to avoid or mitigate such impact.
C. Location, arrangement, size, design and general site compatibility of buildings, lighting and
D. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls.
E. Location, arrangement, appearance and sufficiency of off-street parking and loading. Each parking area shall provide for a
system of snow removal and sufficient space for on-site snow storage. Snow may not be deposited in any front yard or in the
public right-of-way.
F. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with
vehicular traffic and overall pedestrian convenience and safety. All walkways should be designed for individuals with mobility
limitations. To provide accessibility, walkways should be constructed with a minimum three-foot width and should have a
running slope no greater than 1 to 20.
G. Transit stop waiting areas and shelters should be incorporated into the site plan. Bus stop turnouts and direct bus access to
the site should be incorporated into the site plan whenever possible.
H. Adequacy of sewage disposal, stormwater and drainage facilities must meet with Buffalo Sewer Authority standards.
I. Adequacy of water supply facilities must meet with City of Buffalo Department of Public Works standards.
J. Adequacy, type and arrangements of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the
applicant's and adjoining lands, including the maximum retention of existing vegetation.
K. Adequacy of fire lanes and other emergency zones and the provision of fire hydrants must meet City of Buffalo Fire
Department standards.
L. Special attention to the adequacy and impact of the structures, roadways and landscaping in areas with susceptibility to
ponding, flooding and/or erosion.
M. Overall impact on the neighborhood, including compatibility of design considerations.
N. The project shall provide an adequate arrangement, design and general compatibility of structures, buildings and signs.
O. The project shall provide for the adequate protection of significant natural features and areas important to the community,
including but not limited to trees, views, watercourses or bodies of water, landforms, parks, landmarks and historic districts on
or near the site.
§ 511-146. Specific standards and considerations.
Design standards for new construction and rehabilitation.
A. Building-to-site relationships.
(1) The site should provide a visually harmonious transition to the pedestrian and vehicular users of the right-of-way.
(2) The site should relate well with its principal building or buildings through adequate landscaping and circulation patterns.
(3) Without restricting the height regulations of this chapter, new buildings and site accouterments should be compatible with
adjoining buildings.
(4) Off-street parking areas shall be screened from the public right-of-way.
(a) Screening. All off-street parking facilities which are visible from any public street shall be screened from view with either a solid
wood fence or masonry wall not less than three feet high, maintained in good condition and shall not be located in any required
setback or front yard. A landscaped berm three feet high may be substituted for a solid wood fence or decorative fencing in
combination with landscaping may be used for screening. All proposed screening must he approved pursuant to § 511-97. Off-
street parking facilities shall be similarly screened, usually with greater height minimums, on each side, adjoining or facing the
side or rear lot line of premises used for residential purposes or situated in any R district.
(b) Every off-street parking area and access driveway thereto shall he paved and shall be so graded and drained as to dispose of
all surface water accumulation.
(c) Any fixture used to illuminate any off-street parking area shall be so arranged as to direct the light away from adjoining
premises used for residential purposes or situated in any R district. The intensity of lighting shall not be such as to interfere
unreasonably with any premises.
(5) When a site abuts more than one street, the development shall be designed to relate to all contiguous streets.
B. Relationship of building and site to adjoining areas.
(1) Adjacent buildings and grounds shall be harmonized with new construction or rehabilitation projects though the use of
compatible building materials, landscaping, screens and other visual elements.
(2) When a site abuts a more restrictive zone the proposed development shall provide a transitional area consisting of landscaping
or other appropriate screening.
(3) When an industrial use abuts a residential zone, the proposed development shall provide a fifty-foot minimum transitional area
consisting of landscaping or other appropriate screening between the proposed industrial development and adjacent residential
zones.
C. Landscape and site treatment standards.
(1) Where new construction or rehabilitation is built to the street property line, 5% of the lot area of the development shall be
landscaped in accordance with this section. Where new construction sets back from the street property line, a minimum of
20% of the lot area shall be used to provide landscaping. The following standards shall apply:
(a) The development of pedestrian scale in landscaping treatments shall be encouraged. Where a parking lot is located in front of
a building, a paved, lighted and landscaped walkway must be provided from the street to the entrance of the new or
rehabilitated building.
(b) Landscaping treatments should be designed so as to enhance architectural features of buildings on the site as well as for
adjoining structures.
(c) Plant material selected for the landscaping plan should be hearty and as maintenance-free as possible.
(d) The screening of refuse containers, utility yards or other unsightly areas shall be accomplished through wails, fencing,
plantings or combinations of these. Such screening shall provide year-round protection.
(e) In areas where plantings will not prosper, other treatments such as walls, paved areas or seating may be provided.
(f) Lighting should enhance building styles and landscaping elements and not negatively impact adjacent properties.
(g) For all new construction or rehabilitation projects all utilities must be underground within the
(2) Where specific conditions prohibit strict adherence to this existing section, the Planning Board may, at its discretion, alter the
landscaping requirements and may require a contribution to the Buffalo Urban Forest Fund.
D. Building design.
(1) The evaluation of the site's appearance shall be based upon the quality of its design and the way it relates to its surroundings.
Such considerations of neighborhood character may be incorporated by amendment into this section as they become available.
The following design and site standards of Chapter 511 of this Code are hereby incorporated into this section:
(a) The Downtown Area Zone (Article XVII).
(b) The Transit Station Area District (Article XVIIA)
(c) Urban Renewal (Article XXVI).
(2) Buildings shall be in scale with the surrounding structures.
(3) Building materials shall harmonize with and complement adjoining structures and be of durable quality. Plain concrete block,
plain concrete, corrugated metal, plywood and sheet press board shall not be used as exterior finish materials.
(4) Windows, doors, eaves, parapets and other building components shall be properly proportioned and relate well to each other as
well as with established patterns or architectural rhythms on existing structures. Large structures, those whose exterior walls
are 1,500 square feet in area or greater, must incorporate building components or design features in such a way as to break up
large wall surfaces on their street-facing elevation.
(5) Colors will be harmonious, with only compatible accents permitted.
(6) Mechanical equipment, refuse and waste removal areas, or other utility hardware on the building or the grounds, shall be
screened from public view with materials which are harmonious with the building or they shall be so located as not to be visible
from any public ways.
(7) Lighting shall be integrated into the architectural design of the building. All lighting fixtures and appurtenances shall be
compatible with the building's design.
(8) The ground level of buildings must be separated visually from the upper stories through the introduction of a cornice frieze or
other architectural element separating the first story from the secon the establishment of an arcade or other pedestrian
d,
feature, changes in building materials or material textures or other architectural treatments.
(9) All glass used in the street-facing windows or doors shall be clear or lightly tinted with harmonious shades. Reflective glazing
materials shall be prohibited.
(10) All flat roofs must be surrounded by a parapet and all pitched roofs shall be harmonious with the established roof
configurations in the district.
(E) Signs.
(1) Accessory signs will be of a scale compatible with the buildings and grounds.
(2) The colors and textures of accessory signs will be harmonious with the building’s design .
(3) Logos and other graphic elements will be held to a minimum.
(4) Accessory signs shall also be compatible with similar signs on adjoining premises.
§ 511-147. Approval.
Upon compliance with the provisions of SEQR, the approval of a final design and site plan and payment by the applicant of all fees due
the City, the Planning Board shall endorse its approval on a copy of the design and site plan and shall immediately mail it and a written
statement of approval to the City Permit Office, the City Clerk and the applicant.
§ 511-148. Approval with modifications.
The Planning Board may approve the final design and site plan subject to any conditions if such conditional approval is permitted under
SEQR or any of its regulations. A copy of the written statement containing the modifications required by the conditional approval will be
mailed to the applicant. After adequate demonstration to the Planning Board that all conditions have been met and payment by the
applicant of all fees to the City, the Planning Board shall endorse its approval of the design and site plan and shall immediately mail it and
a written statement to the City Permit Office, the City Clerk and the applicant.
§ 511-149. Disapproval.
Upon compliance with the provisions of SEQR and the disapproval of the design and site plan, the decision of the Planning Board shall
immediately be mailed to the City Permit Office, the City Clerk and the applicant.
§ 511-150. Effect of approval. [Amended 5-29-2001, effective 6-11-2001]
If the Planning Board approves the application or approves it subject to modifications or conditions, which are acceptable to the applicant,
such approval shall not authorize the establishment or extension of any development, construction, reconstruction, alteration, demolition
or moving any building or structure but shall merely authorize the preparation, filing and processing of applications for permits or
approvals which may be required by all applicable laws of the City and the state.
§ 511-151. Limitations on approval.
No design and site plan approval shall be valid for more than one year from the date of issue, unless a building permit is issued and
construction has actually begun within that period and is commenced within that period.
§ 511-152. Amendment. [Amended 5-29-2001, effective 6-11-2001]
An approved design and site plan may be amended at any time. The amended design and site plan may be subject to the same standards
and limitations as provided in this article for original design and site plan approval if deemed necessary by the Planning Board. The
Planning Board will consider the nature and extent of the amendment, the impact of the change on the surrounding community and the
basis or rationale for the amendment.
§ 511-153. Appeals.
Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the City pursuant to this article
may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings
shall be instituted within 30 days after the filing of a decision in the office of the City Clerk.
§ 511-154. Penalty for noncompliance.
No certificate of occupancy or use permit shall be issued unless all aspects of the design and site plan approval are met.
§ 511-155. Elmwood Village Design Standards
A. Legislative Intent.
The Elmwood Village Design Standards have been created to ensure that future development (including new construction as well as
alterations to existing buildings) in the Elmwood Village maintains and enhances the unique character and scale of the community.
1. Important aspects of community character can be protected {or enhanced in areas where it has been lost or encroached upon:
a. Pedestrian-oriented building and site design;
b. Mixed-use buildings;
c. Small scale appearance;
d. Creativity and eclecticism.
2. Specific goals to be met through the maintenance and enhancement of these important aspects of community character:
a. The easy identification of the Elmwood Village as a unique place within the City and
b. A lively and active street life in the Elmwood Village;
c. The promotion of safe and pleasant pedestrian access to and around the Elmwood
d. The promotion of small-scale commercial enterprises that comprise the intricate web of commerce keeping the Elmwood
Village healthy and vibrant.
B. District Boundaries: The Elmwood Village Design Standards District shall include all commercial properties located within
the area extending north from the north side of North Street to the south side of Forest Avenue, and west from Delaware
Avenue (excluding properties fronting Delaware Avenue) to the east side of Richmond Avenue.
C. Definitions: Definitions relevant to the Elmwood Village Design Standards.
1. Accordion Gate: A metal gate assembly, jointed so that it can be moved to and locked in position across the window or other
opening, in order to prevent unauthorized entry through the opening.
2. Awning: A roof-like cover extending over or in front of a storefront (as over the deck or in front of a door and/or window) as a
shelter.
3. Bay: A main division of a structure.
4. Bay window: A window or series of windows forming a bay in a room and projecting outward from the wall.
5. Belt Course: A narrow horizontal band projecting from the exterior walls of a building, usually defining the interior floor levels.
6. Bulkhead: The area below the display windows at the sidewalk level.
7. Canopy: An ornamental projection, over a door, window, niche, etc.
8. Coiling Shutter: A moveable screen or cover used to protect an opening.
9. Clerestory: an outside wall of a room or building that rises above an adjoining roof and contains windows.
10. Column: A supporting post--often round in shape--found on storefronts, porches, and balconies; may be fluted or smooth.
11. Cornice: The projecting uppermost portion of a wall, sometimes treated in a decorative manner with brackets.
12. Facade: The face of a building, especially the principal face.
13. Fascia Signboard: A fiat horizontal member of a building having to be used for a nameplate over the front of a shop.
14. Fenestration: The arrangement of windows in a wall.
15. Frieze: The portion of the facade found just below the point where the wall surface meets the building's cornice or roof
overhang.
16. Front Lot-Line: On a regular lot, the front lot line is the shared line between the lot and a sidewalk/public right-of-way.
17. Gable roof: A roof that consists of two sloping planes that meet at the ridge or peak. The planes are supported at their ends by
triangular, upward extensions of walls known as gables.
18. Mansard Roof: A roof that has two slopes on all four sides.
19. Massing of the Building(s): The combined effect of the arrangement, volume and shape of a building or group of buildings.
Also called bulk.
20. Parapet: The portion of an exterior wall that rises entirely above the roof, usually in the form of a low retaining wall; the parapet
may be shaped or stepped.
21. Pilaster: A shallow pier attached to a wail; often decorated to resemble a classical column.
22. Public Right-of-Way: Includes the street, curb and sidewalk area in front of private property at the front lot line.
23. Scale: A relative level or degree; to make in accordance with a particular proportion or scale with the surrounding architecture.
24. Secretary of the Interior Design Standards: The U.S. Secretary of the Interior sets the standards for national preservation
programs. The Standards for Rehabilitation provides guidelines for rehabilitation and adaptive reuse of historic properties.
25. Setback: An architectural expedient in which the upper stories of a tall building are stepped back from the lower stories;
designed to permit more light to reach the street.
26. Side light: A framed area of fixed glass alongside a door or window opening. Storefront: The front side of a store or store
building facing a street.
27. Storefront: The front side of a store or store building facing a street.
28. Texture: The visual or tactile surface characteristics and appearance of a building.
29. Transom: A small-hinged window above a door or another window.
30. Transparent Glass - Degree of Tinting: Capable of transmitting light so that objects may be easily seen on the other side.
31. Valance: A short drapery, decorative board, or metal strip mounted across the bottom of an awning to conceal structural
fixtures.
32. Viewing Zone: The viewable portion of a storefront from the outside sidewalk.
D. Community Notification. In addition to the City's normal notification procedures, the following additional notification
procedures shall apply to all commercial properties within the boundaries of the Elmwood Village Design Standards District residential
properties that are requested to be rezoned to a commercial use or where a demolition is requested:
1. Within three business days of receipt of an application for a building permit, a demolition permit, or a rezoning request, the City
will transmit a copy of the application to the appropriate contact person at the appropriate community organization(s). These contact
people will be kept on file in the offices of the City Planning staff assigned to the Planning Board and Preservation Board. It will be the
responsibility of the community groups to keep this information current.
2. The City Planning Department staff person or persons responsible for preparing the Planning Board, Zoning Board, and
Preservation Board agendas will transmit the agendas of said Boards to the appropriate contact person(s) at the community
organization(s) seven business days prior to the subject board meeting.
3. Immediately upon submission of an application for a building permit or a rezoning request, the applicant is required to affix a
permit request sign to the subject property, in such a location that it is immediately visible from the major street, which the property abuts.
Said sign shall state the nature of the permit requested (building permit, demolition permit, application for rezoning, etc.) and the
appropriate phone number to call for more information. Such sign will be applied by the applicant at their expense and will be made and
printed with durable material to withstand weather elements, and will be a minimum size of 4 feet by 4 feet. Such sign must be displayed
for a minimum of 10 days prior to public hearing. (Photo #1 below)
E. Demolitions. Demolition of structures for reasons other than to preserve public health, safety and/or welfare are not
encouraged. Any proposed demolition of private property must have a reuse plan reviewed and approved under this Article prior to
demolition.
F. Building to site relationships. Site design shall be oriented toward the pedestrian.
1. Buildings shall be built to the front lot-line, with setbacks of up to 10 feet from the lot line allowed to accommodate pedestrian-friendly
uses such as outdoor eating spaces, small public plazas or sitting areas that welcome pedestrians, but that do not impede pedestrian
traffic.
2. Parking will not be allowed in front of or at the sides of buildings. Parking shall only be permitted behind buildings.
3. New site uses shall accommodate existing mature trees and all sites shall incorporate appropriate landscaping.
4.New buildings built on comer lots shall be placed on the lot in such a way that they hold the comer by building to the
5. Dumpsters shall be completely and attractively screened from the public right of way.
G. Specific standards and consideration
1. Scale. New buildings shall maintain the predominant scale of other buildings in the Elmwood District:
a. New buildings shall respect the predominant height of buildings within the area. (Drawing 1)The predominant height of buildings is
between two to two and one half stories, sometimes with the 2 ½ story portion located behind a one or two story storefront. This height
provides noise separation between residential neighborhoods and the commercial street; creates the density levels that are critical to
maintaining a viable and pedestrian-friendly commercial district; and contributes to the safety of the district and its liveliness. One story
buildings and buildings of more than five stories are considered inappropriate.
b. The floor to floor height of the ground floor story shall be approximately 15 to 18 feet tall or approximately 50% greater than the upper
story floor to floor height(s).
c. New storefronts shall respect the predominant width of storefronts in the Elmwood Village which tends to be not more than 25 feet
wide. Where a new storefront is intended to be wider than this, it should incorporate architectural elements, such as bags, columns, and
divided windows, that allow it to appear to be several smaller storefronts and thus allow it to be subdivided into smaller storefronts in the
future.
2. General Design. Architectural designs and details that respect the character of the Elmwood Village shall be incorporated to encourage
building design diversity, break up the mass of larger buildings and create a strong pedestrian orientation.
a. Traditional organizational composition, including a strongly articulated lower facade, an identifiable upper facade, and a
decorative cornice capping the building is encouraged (Drawing #2).
b. Buildings shall create visual separation between the lower facade and the upper facade, as this creates a strong orientation
toward the pedestrian. Some design elements that are particularly successful in creating this separation include utilizing canopies
(Drawings #4, note 8), varying textures (Drawings #4, note 9), varying window patterns (Drawings #4, note 10), and incorporating sign
friezes or storefront cornices (Drawings #4, note 1 I). Signage extending above the first story of a building is discouraged for ground floor
uses that do not extend to upper floors (Drawings #4, note 12).
c. Include design elements such as window bays, columns, awnings, changes in material or texture, and window and entrance
design and placement, in a way that serves to break up the massing of the building.
d. Details on existing buildings, such as transoms decorative cornices pilasters, columns, or belt courses are encouraged and
should not be covered up or removed from existing buildings.
e. Exterior materials shall be durable and of high quality. On facades that are easily visible from the street(s), synthetic materials
that mimic natural materials (such as vinyl siding, dry-vit or concrete block) may be not be used.
f. Buildings built on corners, or on 10ts where the size or setback of adjacent buildings makes more than one side visible from
the public right-of-way, must treat each visible side as a primary facade and incorporate the appropriate details, materials and
fenestration.
g. Roof design shall be functional and in-scale and character with the building and the community. In the Elmwood Village roofs
are generally either front gable steeply-pitched or fiat/slightly pitched surrounded by a parapet (Drawings #5, note 13). Roofs
should not make up more than 25% of the visible facade area of the building (Drawings #5, note 14), except where the portion
of the roof on the facade is considered "useable space," as with a Mansard style roof. The cornice and/or parapet is an area
where architectural detail and materials are important as they can add distinctiveness and visual emphasis to a building, but
they should be designed to be consistent with the body of the design in scale and detail.
h. Mechanical equipment should be located on the rear of buildings or on the roof and be properly screened (e.g., with a parapet).
3.Entrances: Entrances shall be well articulated and oriented toward the primary street.
a. Architectural detail shall be incorporated into the ground floor facade in order to create an easily identifiable and welcoming
entrance. This is typically accomplished through: recessed entries placed between two display windows (Drawing #6, note 15); decorative
or distinctive entryway paving (Drawing #6, note 16); bulkheads of contrasting materials (Drawing #6, note 17) - note that bulkheads
should not extend higher than 30 inches from the ground plane; and/or perpendicular signage or awnings placed directly over the
entrance (Drawing #6, note 18).
b. Major entrances should be oriented toward the primary street. Under no circumstances should a building's primary entrance be located
through a parking lot. (Drawing #7)
4. Fenestration. Window design should respect the window patterns (including size, proportion, spacing, and rhythm) of the
street. First floor window and display design should create a feeling of transparency on the ground floor of the building. This contributes
to a sense of safety and is welcoming to pedestrians.
a.The viewing zone of the first floor facade (from 2 to 8 feet above the ground plane) should be made up of approximately 75%
transparent glass. Signs painted on windows and temporary window signs are encouraged, so long as they do not obstruct more than
30% of the view from the sidewalk to the interior. This amount of transparent, unobstructed glass is necessary on first floor facades in
order to provide a safe and welcoming sidewalk environment. Where a new building is to be located on a comer, each side visible from a
street would be considered a primary storefront facade and incorporate these fenestration patterns, unless doing so should be unduly
obtrusive into a primarily residential street. (Drawing #8)
b. Sill heights for window displays should not exceed 30 inches. Window displays are encouraged, but visibility into the building from the
sidewalk should be maintained. (Drawing #9)
c. Display windows should generally be designated as large full glass openings. Smaller panes or ornamentations on storefront windows
should generally be reserved for clerestories or sidelight areas so as not to present a residential or fake historic character.
d. Upper stories should incorporate window patterns and designs that are compatible with and eomplimentm3, to existing upper story
window patterns on the block.
e. Existing windows, transoms, or sidelights are important scale and character elements and should only be covered up or changed in
size in an effort to restore the original appearance of the building. Transparent glazing should be retained and not replaced with
translucent glass or any opaque material.
f. Security devices such as coiling shutters and accordion gates are discouraged on front facades. Alternative security devices such as
lighting, alarms, and interior barriers are generally more effective in deterring crime and less likely to create an oppressive or unsafe
feeling on the sidewalk.
5.Signage and Awnings. Signage and awnings should be pedestrian-oriented in size, placement, material, and color.
a.Perpendicular signs placed about 8 to 12 feet above the ground plane, extending no more than 5 feet from the building face, and with a
total area of no more than 16 sq. ft. are strongly encouraged. No more than one horizontal sign per establishment shall be permitted,
except in those instances where an establishment has more than one customer entrance or faces onto more than one public right-or-way.
b. Wall signs attached flush to the building facade are also encouraged, so long as they do not extend above the roofline and do not
obscure architectural details or features, including windows, transoms, and clerestories. On existing buildings there will often be a fascia
signboard spot above the first floor windows and entrywaywhere wall signs can be attached. (Drawing #11, note 23)
c. Signs for ground floor establishments shall not extend above the ground floor facade, unless the establishment itself extends to the
upper stories.
d. Freestanding pole signs should not be used under any circumstances. Freestanding signs may be permissible in circumstances where
a commercial use is being developed in a building that has already been developed with a substantial setback from the property line (such
as offices being developed in former residential spaces). Under these circumstances, freestanding signs should not project past the
property line, obscure the building, be more than five feet in total height, or have a total area exceeding 16 sq. ft. Nor should these signs
extend all the way to the ground, allowing someone to conceal themselves behind them. These signs should be set back at least 2' from
the public right-of-way.
e. Under no circumstances should signs or awnings be attached to a building in such a way that obscures or damages significant
architectural elements of the building.
f. Awnings that are functional for shade and shelter purposes are encouraged. These awnings should be made of canvas or a canvas-like
material, should fit the shape and scale of the window or door they are sheltering, and should be designed to be compatible with and
complimentary to building signage and design. Awnings should not be considered signs and lettering or signage should not be located on
any portion of an awning, including the valance.
g. Under no circumstances should plastic-formed or vacuum-formed awnings or any other style of awning whose primary purpose is to
act as signage be permitted.
h. Under no circumstances may awnings or signs be backlit or internally lit. Instead lighting should typically come from direct shielded
light sources and be carefully integrated into the overall design of the building so as to provide visibility and safety but to avoid creating
glare or light distribution that adversely affects motorists, pedestrians, or neighboring properties.
i. Neon signs and accents are part of the character of the Elmwood District and are generally encouraged so long as they are carefully
designed with shapes and colors that complement the architecture of the building and the district. Temporary neon advertising signs shall
be limited to no more than two individual signs per storefront.
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 61
BY MRS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT (PW)
32 - PUBLIC WORKS, PARKS & STREETS
1091 -DIVISION OF BUILDINGS/ADMINISTRATION
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code &the City of Buffalo, relating to 32 - Public Works, Parks & Streets, 1091-Division of
Buildings / Administration which currently reads:
1 Senior Inventory Clerk $ 33,260 - $ 37,418
Is hereby amended to read:
1 Account Clerk Typist $ 29,931 - $ 33,111
IT IS HEREBY CERTIFIED, that a personnel requisition incident to the creation of the above-mentioned position, containing a statement
of the duties for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position
STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND DONNA J. ESTRICH, DIRECTOR OF
BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the proper conduct, administration
and performance of essential services of that department. We recommend that the compensation for said position be fixed at the
respective amount set forth in the foregoing ordinance.
PASSED
AYES - 5 NOES - 0
NO 62
MR. SMITH
APPOINT ASST LEGISLATIVE AIDE
Whereas: I hereby appoint Tiffany R. Lewis, residing at 81 Clarence, Buffalo, New York, 14215 to the position of Legislative Aide in the
Masten District Council office; and
Now, Therefore, Be It Resolved That:
Tiffany R. Lewis is hereby appointed as an Asst. Legislative Aide in the Masten District office pursuant to section 3-7 of the Charter of the
City of Buffalo to be effective January 19, 2009.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 63
BY DEMONE A SMITH
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2010, conditional upon
the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo
Amer, Shana
Back, Jill
Balicki, Marie I
Bartlett, Sharon D
Biela, Shirley
Bienkowski, Gary
Duggan, Kerry
Emery, Joan S
Ervin, Necole
Evans, Tiana
Foley, Andrea
Foster, Patricia Jo
Gibson, Marta
Henneberger, Melissa A.
Jarosz, Cynthia
Kasprzyk, Cheri
Lam, Shirley Stewart
Lillis, Thomas M.
Lipp, David M.
Liska, Melissa
Maconaghy, Lori
Orlando, Orlando
Ozark, Barabara E
Piatkowski, Dawn
Pierakos, Thalia M
Reed, Darrell J.
Rivera, Roslyn C
Rizk, Judith R.
Schweigert, Shannon M.
Spencer, Megan K.
Stevanovic, Renata
Thiel, Cheryl D
Thomas, Sherry
Wallcot, Patoria
Wayne, Valencia M.
Williams, Judith W.
Yetter, Erin E.
Golab, Marta
Corbett, Megan E.
Fahey, Christopher J.
Finnegan, Richard M.
Greeley, William J.
Kennedy, Theresa M.
Koch, Walter E.
Kane-Lockwood, Bonnie
Miles-Kania, Catherine
Schmid, Jacqueline A.
Adanti, Lee J.
Kramer, Susan
Zuchlewski, Dale
Maraschiello, Mark R.
O'Donnell, James C.
Ring, Timothy D.
Rowe, Vanessa
Farley, John P.
Rak, Genevieve a.
Lesniowski, David J. (prior approval, middle initial
correction)
McHugh, Kristen M.
Lovegrove, Edna (not included on prior approval list)
Amico, Stephanie
Blachura, Diane A.
Blando, Debra A.
Brinkworth, Maureen M.
Caico, Robert
Cannizzaro, Audrey
Cannon, Rhonda
Chase, Barbara M.
Daniels, Anita
De Leon, Magdalana
EI-Amin, Shirley A.
Feldman, Peggy J.
Filim, Peter M.
Fortunato, Sharon
Foster, Diana
Garbe, Elaine
Giwa, Jerelene
Glover, Warren F.
Hargro, Alexis H.
Hill, Melinda
Knightner, Deirdre J.
Lane, Peter M.
Leidolph, Doreen, M.
McNaughton, Catherine D.
Nelson, Sharon L.
Nwabugwu, Ndidi
Parsons, Elwood
Piccolo, Suzanne M.
Rodemeyer, Gregory S.
Rodriguez, Yolanda
Rogers, Darwin
Ruise, Darrell J.
Sanchez, Denise
Sebastian, Paula
Solomon, Vanessa
Suarez, Maria D.
Torres, Ivy J.
Uzdygan, Nancy A
. Walls, Dolanda
Williams, Gaynell
Wrobel, Chet J.
TOTAL : 136
ADOPTED
NO 64
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2010, conditional, upon
the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Nicole Blackwell
Scott W. Gehl
Suzanne M. Grillo
Kathleen Merwin
Total: 4
ADOPTED
NO 65
ANNOUNCEMENT OF COMMITTEE MEETINGS
th
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New York,
unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, January 27, 2009 at 9:45 o’clock A.M.
Committee on Finance Tuesday, January 27, 2009 at 10:00 o’clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, January 27, 2009 at 1:00 o’clock P.M.
Committee on Legislation Tuesday, January 27, 2009 at 2:00 o’clock P.M.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event
that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's
Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are
made aware.
NO 66
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. Rivera, the Council adjourned at 2:30 PM
GERALD CHWALINSKI
CITY CLERK
SPECIAL SESSION JANUARY 13, 2009
NO. 1
CALL FOR SPECIAL SESSION
Mr. Gerald A. Chwalinski
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Chwalinski:
Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 6,
2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City
Hall, Buffalo, New York, on January 13, 2009 at 11:00 A.M. for the following purposes:
To receive and take appropriate action on :
All Items Relating To
1.) Veto Message - Capital Budget
Franczyk President of the Council
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five
Councilmembers, dated January 6, 2009, DAVID A. FRANCZYK, President of the Common Council, has called a Special Meeting of
the Common Council, to be held in the Council Chambers, City Hall, Buffalo, New York, on January 13, 2009 at 11:00 A.M. for the
following purpose:
To receive and take appropriate action on all items relating to
All Items Relating To
1 .) Veto Message - Capital Budget
Yours very truly,
Gerald A. Chwalinski
Hon. David A. Franczyk
President Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council, hereby request that you call a Special Meeting of the Common Council,
pursuant to Section 3.9 of the Charter of the City of Buffalo, for the following purpose:
To receive and take appropriate action on
All Items Relating To
1.) Veto Message - Capital Budget
We request that this Special Meeting be held on January 13, 2009 at 11:00 A.M.
Richard A. Fontana
Michael J. LoCurto
Bonnie E. Russell
David A. Rivera
Michael P. Kearns
Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the
Common Council, to wit:
BRIAN DAVIS ,
JOSEPH GOLOMBEK
MICHAEL LOCURTO
BONNIE E. RUSSELL
RICHARD FONTANA
MICHAEL KEARNS
DAVID A. RIVERA
DEMONE SMITH
hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common
Council duly called to be held on January 13, 2009 at 11:00 AM
Richard A. Fontana
Bonnie E. Russell
David A. Rivera
Joseph Golombek Jr.
Michael J. LoCurto
Michael P. Kearns
Demone Smith
Brian C. Davis
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
On this 6th day of January 2009, before me, the subscribers, personally appeared
To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally
acknowledged to me that they executed the same..
Gerald A. Chwalinski
Commissioner of Deeds, in and for The City of Buffalo, NY
My Commission Expires 12/31/2010
RECEIVED AND FILED
NO. 2
RECESS
Mr. Fontana made a motion to Recess until 2 pm Wednesday, January 14, 2009 seconded by Mrs. Russell
RECEIVED AND FILED
NO 3
RECONVENE
The Common Council reconvened at 2:00 PM with the following Councilmembers in attendance:
DAVIS, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH
RECEIVED AND FILED
NO. 4
R. FONTANA - RESPONSE MAYORAL VETO- 2009 CAPITAL IMPROVEMENT BUDGET
(NO. 45, CCP DECEMBER 23, 2008)
Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Franczyk
CARRIED.
Mr. Fontana now moved that the above items be received and filed. Seconded by Mr. Franczyk
ADOPTED.
NO. 5
MAYORAL VETO MESSAGE- 2009 CAPITAL IMPROVEMENT BUDGET
(NO. 1, CCP DECEMBER 23, 2008)
Mr. Fontana moved that the above item be taken from the table. Seconded by Mr. Franczyk
CARRIED.
Mr. Fontana now moved that the above items be Seconded by Mr. Franczyk
ADOPTED.
AYES – FONTANA, FRANCZYK, KEARNS, LOCURTO, RIVERA - 5 NOES – DAVIS, GOLOMBEK, RUSSELL. SMITH – 4
SUSTAINED
NO. 6
ADJOURNMENT
On a motion by Councilmember Fontana, Seconded by Councilmember Smith the Council adjourned at 2:15 pm
GERALD A. CHWALINSKI
CITY CLERK
SPECIAL SESSION JANUARY 14, 2009
NO. 1
CALL FOR SPECIAL SESSION
Mr. Gerald A. Chwalinski
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Chwalinski:
Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of Five Councilmembers, dated January 13,
2009 presented to you herewith, I hereby call a Special Meeting of the Common Council, to be held in the Council Chambers, City
Hall, Buffalo, New York, on January 14, 2009 at 2:05 P.M. for the following purposes:
To receive and take appropriate action on :
All Items Relating To
1 .) Amend - Capital Budget
Yours very truly,
David A. Franczyk
President of the Council
Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo, each of the following named members of the
Common Council, to wit:
BRIAN DAVIS RICHARD FONTANA
JOSEPH GOLOMBEK MICHAEL KEARNS
MICHAEL LOCURTO DAVID A RIVERA
BONNIE E RUSSELL DEMONE SMITH
hereby states that he/she received twenty-four (24) hours' notice of the time and purpose of the Special Meeting of the Common
Council duly called to be held on January 14, 2009 AT 2:05 PM
DAVID A RIVERA JOSEPH GOLOMBEK
MICHAEL J. LOCURTO BONNIE E. RUSSELL
RICHARD FONTANA BRIAN C. DAVIS
MICHAEL P. KEARNS DEMONE SMITH
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
On this 13th day of January 2009~ before me, the subscribers, personally
appeared
To me known to be the same persons described in and who executed the foregoing instrument, and they duly and severally
acknowledged to me that they executed the same.
Gerald A. Chwalinski
Commissioner of Deeds, in and for
the City of Buffalo, N.Y.
My Commission expires 12/31/10
NO. 2
ADJOURNMENT
On a motion by Councilmember Fontana Seconded by Councilmember Russell, the Council adjourned at 2:20 pm
GERALD A. CHWALINSK
CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #1
OFFICE OF THE MAYOR-201 CITY HALL
JANUARY 15, 2009
Present: Darryl McPherson, City Auditor, Alisa Lukasiewicz, Corporation Counsel
The Journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of January 2009 amounting to $3,740.00, and request that check be drawn to the order
of the persons named herein for the amounts stated.
ADOPTED
AYES-2. NOES-0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension Fund for the month of January 2009 amounting to $3,760.00, and request that check be drawn to the
order of the persons named herein for the amounts stated.
ADOPTED.
AYES-2. NOES-0.
NO. 3
On motion by Mr. McPherson seconded by Ms Lukasiewicz the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.