HomeMy WebLinkAbout09-0303-0219pp (2)
No. 5
PROCEEDINGS
OF THE
CITY OF BUFFALO
March 3, 2009
PENSION PROCEEDINGS
February 19, 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 March 3, 2009
FINAL
MAYOR
1. Appt Executive Assistant to the Mayor(Taylor) CS
MAYOR – EXECUTIVE
2. Plan Bd-Elmwood Village(EV) Design Guidelines Ord Amendment LEG
3. Plan Bd-Negative Declaration-474 Hertel Ave(North) R&F
4. Plan Bd-Negative Declaration-186 Middlesex(North) R&F
5. Plan Bd-SEQR-Negative Declaration-1655 Elmwood(North) R&F
6. Strat Plan-SEQR-Lead Agency Designation-Waterfront Place Development R&F
ASSESSMENT
7. J. Golombek-G. Harish-Tax Exemption Status 1606 Kenmore(North) LEG
8. Request Approval of System Agmt Btwn Tyler Tech Inc and COB FIN
MANAGEMENT INFORMATION SYSTEMS
9- 8A Perm to Increase Contract With IBM Corp for VoIP Implementation FIN
PUBLIC WORKS
10- 9. Change in Contract-City Hall Masonry Restoration(Ell) APP
11- 10. Increase Encumbrance Contract No APP
12- 11. Permission to Engage Services of Consulting Engineer to Update
Hydraulic Model for the Water System APP
13- 11A Permission to Engage Services of Consulting Engineer-MLK Splash Pad FIN
14- 11B Permission to Hire Consultant Erie Basin Marina FIN
15- 12. Report of Bids-Marcy Casino(Del) APP
16- 13. Report of Bids for Water Filtration Plant Chlorination System
Upgrades Colonel Ward Complex(Ell) APP
17- 14. Trade in of Vehicles APP
18- 15. Appt Street Repair Worker(Max)(Howard) CS
19- 16. Appt Water Meter Mechanic(Max)(Barth, Marshall) CS
FIRE
20- 17. FEMA Award-Assistant to Firefighters Grant Program FIN,COMPT
PERMITS AND INSPECTIONS
21- 18. Food Store License-332 Elmwood(Ell) LEG
22- 19. Food Store License-464 Seventh (Ell) APP
23- 20. J. Golombek-B. Harish-Tax Exemption Status for 1606 Kenmore(North) LEG
24- 21. Restaurant Dance Class III 110 Pearl(Ell) LEG
25- 22. Used Car Dealer-236 Paderewski(Fill) LEG
ADMINISTRATION AND FINANCE
nd
26- 23. 2 Quarter Gap Sheet FIN
BUFFALO URBAN RENEWAL AGENCY
27- 23A Approval to Transfer Five Homes in Sycamore Village Subdivision(Ell) CD
CITY CLERK
28- 24. Liquor License Applications R&F
29- 25. Leaves of Absence R&F
30- 26. Reports of Attendance R&F
31- 27. Notices of Appointments- Temp/Prov/Perm CS
MISCELLANEOUS
32- 27A B. Davis-Update Artifacts at the Ad Price Development CD
33- 28. J. Ketchum Memorial Fund-Annual Report FY 2006 and 2007 R&F
34- 28A. M Kearns-M Overdorf-NFTA ROW Parcels from Michigan to Smith St CD,CC
35- 29. NYSDEC-SEQR-Battaglia Transfer Station-1037-1055 Seneca St(Fill) LEG,CC
36- 30. NYS Jobs Program-Information FIN,HR
37- 30A D. Smith-Local 264-on Committee Re Transfer of Parks Back to the City PARKS OV
38- 30B SEQR-Full EAF-Elmwood Village Design Standards Ch 511-155 R&F
39- 30C Negative Declaration-Elmwood Village Design Standards Ch 511-155 ADOPT
40- 31. Traffic Signal Controls and Red Light Running Articles LEG
PETITIONS
41- 32. T. Hawkins, Owner, Use 194 Maple St for a Commercial
Parking Lot(Ell)(pub hrg 3/24) LEG,CPBD
RESOLUTIONS
75- 32A Davis Set Public Hearing-Sycamore Village Subdivision ADOPT
76- 32B Davis Approval to Transfer 5 Homes in Sycamore Village
Subdivision(hrg 3/17) CD
77- 33. Franczyk, etc Perm to Hang Banner Along Old Neighborhood Parade Route ADOPT
78- 33A Kearns Bond Resolution-Autumn Senior Center Reconstruction TABLE
------ 33B Kearns Bond Resolution-Bflo & EC Historic Society
Electrical Upgrade OBJECT
------ 33C Kearns Bond Resolution-Chimney Reconst Various OBJECT
------ 33D Kearns Bond Resolution-Demolition Emergency Conditions OBJECT
------ 33E Kearns Bond Resolution-Ellicott District-Wide Infrastructure OBJECT
------ 33F Kearns Bond Resolution-General Reconstruction Various Schools OBJECT
------ 33G Kearns Bond Resolution-Improvements to Cazenovia Casino OBJECT
------ 33H Kearns Bond Resolution-City Hall Renovations & Upgrades OBJECT
------ 33I Kearns Bond Resolution-Citiwide Parks Improvements OBJECT
------ 33J Kearns Bond Resolution-Emergency Bridge Repair OBJECT
------ 33K Kearns Bond Resolution-Critical Infrastructure OBJECT
------ 33L Kearns Bond Resolution-District Heat Improvements OBJECT
------ 33M Kearns Bond Resolution-Fargo Ave-D’Youville College Streetscape OBJECT
------ 33N Kearns Bond Resolution-Fillmore Ave Resurfacing & Streetscape Imp OBJECT
------ 33O Kearns Bond Resolution-Fire Apparatus Acquisition OBJECT
------ 33P Kearns Bond Resolution-Franklin-Linwood-North Pearl-Infrastructure OBJECT
------ 33Q Kearns Bond Resolution-Genesee/Moselle CC Improvements OBJECT
------ 33R Kearns Bond Resolution-Humboldt Parkway Streetscape OBJECT
------ 33S Kearns Bond Resolution-Improvements to Various Service Buildings OBJECT
------ 33T Kearns Bond Resolution-Johnny B. Wiley Roof Repl OBJECT
------ 33U Kearns Bond Resolution-Lafayette Ice Rink Imp OBJECT
------ 33V Kearns Bond Resolution-Lasalle Park-Dog Park OBJECT
------ 33W Kearns Bond Resolution-LaSalle Park Pool and Splash Pad OBJECT
------ 33X Kearns Bond Resolution-LaSalle Park Shelter House Reconst OBJECT
------ 33Y Kearns Bond Resolution-MLK Jr Park Phase 2 OBJECT
------ 33Z Kearns Bond Resolution-Marcy Casino Reconst OBJECT
------ 33A1 Kearns Bond Resolution-Masten District-wide Infras Repair OBJECT
------ 33A2 Kearns Bond Resolution-Niagara District-wide Infras Repair OBJECT
------ 33A3 Kearns Bond Resolution-Niagara St Gateway OBJECT
------ 33A4 Kearns Bond Resolution-North District-wide Infras Repair OBJECT
------ 33A5 Kearns Bond Resolution-NW CC Window Repl OBJECT
------ 33A6 Kearns Bond Resolution-Oil Tank Repl OBJECT
------ 33A7 Kearns Bond Resolution-Police & Fire Radio System OBJECT
------ 33A8 Kearns Bond Resolution-PS 97 Mechanical Electrical Plumbing OBJECT
------ 33A9 Kearns Bond Resolution-Reconst Middlesex Ave OBJECT
------ 33A10 Kearns Bond Resolution-Roosevelt Park Shelter House OBJECT
------ 33A11 Kearns Bond Resolution-Riverside Park Field & Ltg Improvements OBJECT
------ 33A12 Kearns Bond Resolution-Saunders CC Roof Repl OBJECT
------ 33A13 Kearns Bond Resolution-Shoshone Park Pool & Field House OBJECT
------ 33A14 Kearns Bond Resolution-Seneca St Streetscape Imp OBJECT
------ 33A15 Kearns Bond Resolution-South Park Resurfacing & Streetscape Imp OBJECT
------ 33A16 Kearns Bond Resolution-University District-wide Infrs Repair OBJECT
------ 33A17 Kearns Bond Resolution-Various CC Improvements OBJECT
------ 33A18 Kearns Bond Resolution-Vehicle Purchase St Division OBJECT
79- 34. Kearns, etc Outer Harbor Trans Project-S/B Funded Through Fed Stimulus CD
80- 34A Kearns,etc Support For Applying-Funding NYS Dept of State and Env
Conservation-Brownfield Opportunity Areas Program ADOPT
------ 34B. Kearns, etc Removal & Preserv of Hist. Significant Struct Before Demo of
A.D. Price Bldg Commences OBJECT
81- 35. LoCurto Appoint Assistant Legislative Aide(Thoma) ADOPT
82- 36. LoCurto Report of Loans and Grants CD Block Grant Funds Awarded to
COB, BURA and/or Sub –Contractors ADOPT
83- 37. LoCurto, etc Spending of Federal Economic Renewal Grants ADOPT
84- 38. Russell Budget and Personnel Amendments-Various APP
85- 39. Smith Felicitations in Memorium ADOPT
86- 40. Smith Comm of Deeds Public Duties ADOPT
87- 41. Smith Comm of Deeds ADOPT
55-
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
42- 1. Com 12 Feb 17 Appt System Analyst (Prov)(Inter)(Strainese)(MIS) APP
43- 2. Com 16 Feb 17 Appt Dog Control Officer(Prov)(Max)(Dyte)(PW) APP
44- 3. Com 17 Feb 17 Appt Special Assistant(Exempt)(Nosworthy)(PW) R&F
45- 4. Com 24 Feb 17 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F
FINANCE
46- 5. No 32 Feb 17 O. McFoy-Monthly Water Board Report January 2009 R&F
47- 6. No 43 Feb 17 M. Kearns-Update Status of South Bflo Roof
Replacement Program(# 32,2/3) R&F
48- 7. No 47 Feb 17 M. Kearns-Payment for South District Roof
Replacement Program(#47,11/12) R&F
49- 8. No 49 Feb 17 Results Neg 1269 Genesee(Mas)(Strat Plan)(#7,10/2)(#85,7/8) RECOMMIT
50- 9. Com 31 Dec 9 BLS Course Sponsorship & Establishing New Revenue
Accounts(Fire) RECOMMIT
51- 10. Com 19 Nov 12 Report of Bids-Street Cut Repair-2008(PW) APP
52- 11. No 58 Sept 30 M. Kearns-COB Community Center Lease Agreements R&F
st
53- 12. Res 129 June 24 A New Way Providing Non-Financial Asst to Comm Based Org(Exc 1 Res)R&F
54- 13. Com 10 Sept 2 New Way of Providing Non-Financial Assist to
Comm Based Organizations(Compt) R&F
COMMUNITY DEVELOPMENT
55. 14. Com 6 Feb 17 Strat Plan-Req for CC Auth to Apply for NYSD of State & Envir Conserv
Brownfield Opportunity Areas Program (Mayor)
R&F
56- 15. No 30 Feb 17 L. Iglesias-Hispanics United of Bflo Support for Peace Bridge Exp Proj_R&F
57- 16. Com 4 Feb 5 Community Block Grant(Mayor) RECOMMIT
58- 17. No 41 Jan 20 Results Neg-23 Hauf (Mas)(Strat Plan)(#10,12/23) RECOMMIT
LEGISLATION
59- 18. No 34 Feb 17 K. Long, Owner, Use 1900 Hertel-Illuminated Sign(Univ)(No Pub Hrg) APP
60- 19. No 37 Feb 17 K. Wright, Agent, Use 636 Delaware-Wall Sign & Reface Ground Sign
(Ell)(No Pub Hrg) APP
61- 20.No 57 Feb 17 Results Neg-83 Sussex(Mas)(Strat Plan)(#11, 2/3) RECOMMIT
62- 21. No 38 Feb 3 C. Hartke, Agent, Use 591 Delaware for a Pole Sign (Ell)(No Pub Hrg) APP
63- 22. Res 60 Jan 20 Ordinance Amendment Chapter 511 Zoning( hrg 2/10) APP
64- 23. No 42 Jan 6 D. Sach-SEQR Requirements for Elmwood Village Design Standards-
Amendment to the Charter(#51, 12/23) R&F
65- 24. No 93 Dec 23 B. Davis-C. Brown & Others-Request For Changes in Traffic Controls on
Hudson St/or Plymouth(#89, 9/2)(#79, 9/30) R&F
66- 25. No 20 Nov 25 S. Doleski-NYSDEC Review of Envir Impact Bflo Niagara Medical
Campus North End Projects R&F
67- 26. No 24 Nov 25 M. Romanowski-Abandonment of Goodrich St Btwn Ellicott And
R&F
Michigan
68- 27. No 40 Oct 28 M. Romanowski-Notice of Completion/Notice of Hrg Bflo Nia Med
Campus North End Development R&F
69- 28. No 34 Oct 14 M. Romanowski-SEQR-Positive Declaration Bflo Niagara
Medical Campus R&F
70- 29. No 80 Sept 2 M Romanowski-Abandonment of City-Owned ROW-Bflo Niagara
Medical Campus R&F
71- 30. No 86 Dec 23 Food Store License-465 Best(Ell)(EDPI)(#35, 9/16) APP
72- 31. No 82 Sept 30 The Establishment of Elmwood Avenue Design Guidelines
(#101, 5/29)(#127, 9/2) ADOPT
PUBLIC TRANSPORTATION
73- 32. Com 32 Oct 14 B. Davis Traffic Conditions on Carolina St R&F
74- 33. Res 67 Oct 14 Request Traffic Study-Tifft St ADOPT
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, MARCH 3, 2009
AT 2:00 P.M.
Present - David A. Franczyk, President of the Council, and Councilmembers: Davis, Fontana, Golombek, Kearns, LoCurto,
Rivera, Russell, Smith - 9
Absent - 0
On a motion by Mr. Fontana, Seconded by Mr. Kearns , the minutes of the stated meeting held on February 17, 2009 were
approved.
FROM THE MAYOR
NO. 1
CERTIFICATE OF APPOINTMENT
Appointment Effective February 18, 2008 in the Department of Executive, Division of Mayor to the Position of Executive Assistant to
the Mayor, Exempt at the flat salary of $42,297
Bernadette S. Taylor, 143 Walnut, Buffalo, NY 14204
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE MAYOR EXECUTIVE
FROM THE CITY PLANNING BOARD
NO. 2
ELMWOOD VILLAGE (EV) DESIGN GUIDELINES
ORDINANCE AMENDMENT
ITEM NO. 60, C.C.P. 1/20/2008
The City Planning Board at its regular meeting held Tuesday, February 24, 2009, considered the matter
captioned above pursuant to Section 511-126 of the Buffalo Code, Amendments; Construal.
The Planning Board has been reviewing the proposed Elmwood Village Design Guidelines for quite some time, and continues to have
concerns with some specific language, regarding notification, mandates, suggestions and recommendations on various aspects of
the guideline language. The proposed design guidelines now overlap other areas of the City Charter with conflicting procedures with
regard to demolition activities, which is not a design guideline or a use of property under zoning. The following are additional areas of
concern:
Language is a problem - some items are "encouraged", some "should be", some "will be", some "shall be" - thus some items are
suggestions and others are written as required by City code. The Planning Board recommends this to be reviewed carefully for
whether these are guidelines for generally accepted standards with room for exceptions (changing architectural standards and
materials, changes in the type of commercial activity on the street, etc.)
Section 511-155 Legislative Intent
The guidelines note that they are intended to support creativity and eclecticism. The Planning Board believes some of the sections
requiring, rather than suggesting, specific design criteria is actually forcing a "cookie cutter" approach to the street but prohibiting
certain types of materials - They are outlined latter in this communication.
Section D - Community Notification -- Does the City's definition (over $100K, over 50,000 sf) apply here or does this section apply to
every project, no matter how small?
1) A requirement for the city to notify an unspecified community organization of an application for a building/demo permit or rezoning
request is open ended and in conflict with provisions of Section 511-126. If Council is comfortable with requiring notification, the code
must specify who it goes to. The only formal group serving the area is the Elmwood Village Association (EVA). Notification to their
office should be sufficient - it should be the responsibility of EVA to "spread the word". As written, the city could be required to notify
every block club and "self anointed" group - what is the result if someone challenges that they should have been notified? How often
do we want to slow down a development project because a resident not directly affected by the project but with a strong opinion has a
basis for challenging the process?
2) Transmitting agendas seven (7) business days in advance of a meeting - agendas are often changed with items being deleted or
with late ads - what is the penalty if agendas do not arrive by the stated time? Will this become another holdup of process? Again,
mail or email to EVA at the same time board members are notified. The agendas are already posted on the City's website. The seven
(7) day requirement is a potential problem.
3) The posting of a sign notifying people of a permit request is done at the applicant's expense. Many cities do this and it certainly
would help to eliminate the delays that come from individuals who insist they were not aware of a particular project. It appears to carry
no penalty if not done - is that correct? Could this become another delay tactic or legal challenge to projects?
Section E - Demolition
Who reviews and approves the demo plan -EVA? Planning? The City? And there is nothing here that relates to size or use - as
written, every garage, shed, or 1960's add-on.to an older building is subject to review. Rather than save buildings, this section has the
potential of have derelict buildings left standing rather than removing them. This one really needs to be thought out.
Section F - Building to site relationship
2) Parking - Restricting parking to the rear of buildings forces this activity to adjacent residential properties -- a less than ideal way to
stabilize neighborhoods. While it is generally would agree that parking should be under, in, or to the rear of buildings, lot sizes on
Elmwood make this impractical and forces commercial parking onto residential streets. Side lot parking is not always a negative if
properly done.
3) Trees -- "New site uses shall accommodate existing mature trees, where feasible, and all sites shall incorporate appropriate
landscaping." The EV guidelines require that buildings be built to the lot line - you can't have it both ways when you have small lots
and are forcing parking to rear!
5) Dumpsters - need to add a clause that dumpsters cannot be placed at the sidewalk
G. Specific standards and considerations
la - Scale -- This section needs to be revisited. What is defined as "within the area"? The four (4) story buildings between North and
Summer, the two story buildings between Auburn and Lafayette? While this section doesn't actually prohibit one story buildings or
buildings higher than five (5) stories, it misses the mark on defining the scale issue on a block by block basis, though the intent is
sound.
2b - floor to floor height -- by definition, the remaining residential properties don't meet these criteria - what happens when an existing
residential property comes down for a new residential unit -- suddenly first floors need to be 15-18 feet? This is more a developer
question - is flexibility in this area.
2. General Design
e. Exterior Materials -- this section is very short sighted and needs to be revised -- "synthetic materials that mimic natural materials" is
far too broad. As written, hardiboard, and the new composite stone and brick systems, would be prohibited. Excluding vinyl, dryvit and
typical concrete block is appropriate, but this section needs to allow newer, more durable materials as they come into the market. Like
the city code, it would be better to be very specific about what is not acceptable and be silent on the rest.
h. Mechanical equipment -- this is another section not sensitive to the residential issues -- placing HVAC at the rear of buildings puts
in it the neighborhood. The desire is to not have the equipment visible from the street, without putting it next to someone's bedroom
window.
5. Signage and Awnings
b. Wall signs -- the code needs to note that placement of perpendicular signs requires approval from the city to encroach the right of
way - these are not "as of right" within the code.
f. Awnings - not allowing any signage on awnings seems excessive. A tastefully done awning or canopy with a business name should
be acceptable -- in fact, they should be encouraged if it is going to reduce or eliminate others forms ofsignage on a building. This
section should allow a name on an awning if no other signage is going to be placed on the building. The Planning Board has no
problem with the prohibition of awnings that are lit internally.
It is a bit unclear what the interface is between EVA and Planning/Preservation/Zoning. As drafted, are we to assume that EVA are
"advisory" and have no authority over final decisions, merely input? However, someone needs to map out what an applicant has to do
and in what sequence to get a project approved in the district. Ideally, if this were passed, EVA would simply be notified and invited to
submit comments like any concerned citizen during the public hearing process. Of more concern are those projects which should be
"as of right" as long as they are concurrent with code - these could get complicated if EVA feels they must review and sign-off on
every project in the district, no matter how large or small.
The Planning Board additionally believes that under SEQR, this amendment is a Type I action requiring coordinated review which should result with the issuance of
Positive Declaration thus requiting that an Environmental Impact Statement be prepared.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 3
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
474 HERTEL AVE
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 New Dental Office
Location: 474 Herte! Avenue
Type of Action: Unlisted - Uncoordinated
Description: David J. Wylier, Wylier & Associates representing Dr. Todd R. Levine is proposing the construction of a Dental office
with Parking on the property located at 474 Hertel Avenue, Buffalo New York. The proposed project includes the construction of a
3516 Sq. Ft. office building that will have a hipped roof and brick veneer. The property is close to 1/3 of an acre of which is 43% is
green space. The properties landscaped areas will be professionally maintained. The existing pylon sign will remain as per a lease
agreement that will expire in approximately five years. Efforts to remove the sign have not been successful. Councilman Golombek
has been made aware of this project and is in support. A neighborhood meeting has also take place and their comments were taken
into consideration regarding this project. The project is privately funded at a cost of 250,000 dollars.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant
adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project
implementation and a Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: the new building, parking and
landscaping will greatly enhance a corner that has been minimally maintained for many years as well as provide dental services for
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: February 24, 2009
RECEIVED AND FILED
NO. 4
NOTICE OF DETERMINATION OF NON- SIGNIFICANCE
186 MIDDLESEX
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.
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 Piscitetii Residence
Location: 186 Middlesex
Type of Action: Unlisted - Uncoordinated
Description: Angelo Natale on behalf of the Piscitelli Family is proposing to construct a new home on the property located at 186
Middlesex, Buffalo New York. The home will be approximately 5200 sq. ft. The exterior facade will be a cultured stone application with
dryvit appointments as well as architectural features. It will include a four car garage with trim paneled doors, four bedrooms and four
half baths, two fireplaces and an open first floor layout. A second floor porch will be added to the Master Bedroom. The entire site will
be landscaped appropriately. The project is privately funded.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant
adverse impact on the quality of the environment. No further environmental review of this action will be conducted prior to project
implementation and a Draft Environmental Impact Statement will not be prepared
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The new home will compliment the
many upscale homes in the surrounding community. The identified potential negative impacts appear to be primarily short-term site
preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no actions, which
will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901
City Hall, Buffalo New York 14202 - (716) 851-5085.
Dated: February 24, 2009
RECEIVED AND FILED
NO. 5
LEAD AGENCY:
SEQRA NOTICE OF DETERMINATION
NON SIGNIFICANCE
NEGATIVE DECLARATION 1655 ELMWOOD AVE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR- State Environmental Quality
Review) of the Environmental Conservation Law.
City of Buffalo Planning Board
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 rerates to
the environment:
Action Title Engine 36 Rehabilitation(Single Family Residence with Home Occupation)
Location: 1655 Elmwood Avenue
Type of Action: Unlisted-Uncoordinated
Description: Louis and Marie Haramski are proposing the rehabilitation of a former Firehouse with a garage addition and landscaping
on the property located at 1655 Elmwood Avenue Buffalo New York. The rehabilitation of the building will result in no significant
exterior alterations. The two primary facades of the structure, the Elmwood Avenue (west) and the Great Arrow (north), as well as the
South elevation, will remain unchanged. The brick will be cleaned, all the original windows preserved and wood storm windows
added. The wood trim will be painted to match the original color, which was found after researching the paint layers. At the rear
elevation (east) a two car garage will be added in a style compatible with the existing structure. New landscaping will be added to the
site as per the submitted landscaping plan. On the inside of the building, most of the original historic fabric will be retained. The
original entrance hall will be converted to product display space while the apparatus room will house the woodworking equipment. The
original kitchen win become a shop for hand tool work and finishing, and the existing bathroom will be renovated. The project is
privately funded with the estimated cost being approximately $281,139. The total project is expected to bcomplete by early 2010.
e
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this.ac5on will not have a significant
adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to project
implementation and a Draft Environmental impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: this project will convert a currently
empty fire station into a use that will add to the
character and growth of the surrounding Grant]Amherst 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 n 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- February 10, 2OO9
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 6
SEQR LEAD AGENCY DESIGNATION, WATERFRONT PLACE DEVELOPMENT
The 1094 Group, LLC proposes that the Buffalo Urban Renewal Agency amend the original project description to the Waterfront
Place Land Disposition Agreement. The amendment to the LDA would now allow for the construct on of 12 single-family townhouse
units and an additional 13 story condominium tower with 49 residential units. The project will be undertaken in Lots 5, 8-15, 17 and 19
of Waterfront Village Parcels 15 & 16 in the City's Waterfront Urban Renewal Area.
Prior to the implementation of the above-referenced project, the requirements of the New York State Environmental Quality Review
Act (SEQR) must be satisfied. The project, as defined under SEQR, is an "Unlisted Action" for which the completion of a
coordinated environmental assessment is required. In accordance with Section 617.6 of the regulations, an agency responsible for
determining the effect of this action on the environment must be designated from the involved agencies. The Buffalo Urban Renewal
Agency proposes to act as the SEQR Lead Agency for this project, and respectfully requests the consent of the Common Council to
this proposal. The project environmental assessment form is set forth below.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 7
J. GOLOMBEK-G. HARISH - TAX EXEMPTION STATUS FOR 1606 KENMORE
#27 C.C.P. FEB. 17,2009
1606 Kenmore Ave, Buffalo, New York 14216-1134
SBL: 78.37-2-1.1 BillNumber: 06439650
Owner: Vijay Harish
Used as: Elmwood Small Animal Hospital
Veterinarian Dr. Gannon Harish contacted Assessor Maria Garozzo-Payne in the Department of Assessment and Taxation
Exemption Office to inquire about an Empire Zone exemption (formally known as an Economic Development Zone Exemption). After
a thorough search of the Empire Zone records and verification and conformation with the Empire Zone division of the Office of
Economic Development, it was confirmed that this property was not in an Empire Zone.
Dr. Harish was advised that 1606 Kenmore Avenue was not in an Empire Zone and an empire zone exemption would not be available
for this particular parcel.
Dr. Harish was also advised that pursuant to Real Property Tax Law (RPTL) §485-b the property would in fact be entitled to a
different exemption.
An RPTL §485-b exemption application was provided to Vijay Harish, the owner of record. The application was submitted, approved
and put into effect to commence with the City of Buffalo 2009/10 fiscal year. 50% of the improved value ($110,300 of the $220,600
increase in assessed value) will be exempt from real property taxes in 2009. 45% of the $220,600 will be exempt for the 2010/11
fiscal year and declining 5% each year for a total often years.
If Dr. Harish is successful and if this parcel was to be approved as an Empire Zone site, the improvement already made to this parcel
would NOT be entitled to an empire zone exemption.
Only improvements commenced after a parcel is added to an empire zone are eligible for consideration for a real property tax
exemption.
I do not know the eligibility consequences for Qualified Empire Zone Enterprise benefits (known as QEZE benefits) although there
may well be the same restriction. QEZE benefits and qualification applications for becoming an approved Empire Zone Company are
made through the Office of Economic Development.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 8
REQUEST APPROVAL OF SYSTEM AGREEMENT BETWEEN TYLER TECHNOLOGIES, INC AND CITY OF BUFFALO
(MUNIS TAX & USER FEE BILLING SOFTWARE)
I respectfully request your Honorable Body approve the expenditure of $560,000.00 for the implementation of the MUNIS Tax & User
Fee Billing Software as per the System Agreement between Tyler Technologies, Inc. and the City of Buffalo. The money for this
program has been set aside as part of the City of Buffalo efficiency grant.
Extensive research, meetings and demonstrations were utilized in making the determination that this software would best serve the
needs of the City of Buffalo.
The system, known as the MUNIS System, is currently used by the city as our main Financial & Payroll software and using it for
billing will enable the City of Buffalo to incorporate accounts receivable with financial records, a substantial improvement to current
capabilities.
MUNIS is a system that has worked well in other New York State municipalities and taxing jurisdictions and is a system familiar with
the New York State Tax law.
The new system will allow for a more efficient operation of departmental responsibilities.
MUNIS will allow the incorporation of current and separate computer programs into one operation, i.e., Real Property Tax Law §520
programs, bankruptcy tracking, PILOT programs, court orders, foreclosures, tax history and the entire annual tax billing and payment
system.
City of Buffalo Treasury Division will also use the new MUNIS system for user fee billing and accounts receivable, which will enable
us to integrate User Fee Accounts Receivable with Taxes.
The service agreement covers the cost of software and implementation.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS
NO. 9
PERMISSION TO INCREASE CONTRACT WITH IBM CORPORATION FOR VOLP
PHONE SYSTEM IMPLEMENTATION (CONTRACT NUM. 93000111
I hereby submit to your honorable body a request to increase the contract # 93000111 in the amount of $432,929.27. This contract
covers the assessment, design and deployment of new VolP phone system for the City Hall. These additional costs will be covered by
the existing efficiency grant money reserved for Phone system upgrade.
The additional costs were necessitated for the speciallized work that was required for 311 Call Center.
The break down of changes are as follows:
IBM Change Order Purpose Cost
PCR-B-001 Assessment & Design of 311 Call Center $ 34,780.00
PCR-B-0O2 Prioritization of 311 Implementation $ 242,874.47
PCR-B-003 311 Call Center Cabling $15,955.00
PCR-B-004 Call Center Hardware $8,166.00
PCR-B-006 Call Center Electrical Work $2,422.00
PCR-B-008 UPS system for phone infrastructure $57,769.00
PCR-B-010 Call Center Work Flow Integration $47,387.00
PCR-B-016 Call Center outbound notification dialing $ 19,153.00
PCR-B-019 On Going Call Center Support $ 4,423.00
Total $ 432,929.47
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 10
CHANGE IN CONTRACT
CITY HALL
MASONRY RESTORATION - PHASE 2
JOB #0746
ELLICOTT DISTRICT
I hereby submit to Your honorable body the following changes for City Hall, Masonry Restoration-Phase 2, Graciano Corporation, C
#93000112.
1. Provide labor, tools, equipment, mortar and anchors to remove and install new limestone panels(provided by Owner) at various
locations throughout City Hall
The foregoing change results in a net increase in the contract of Twenty Nine Thousand Seven Hundred Ninety Seven and 00/100
Dollars ($29,797.00)
Summary Original Contract Amount $3,191,970.00
Change Order# 1 Add $ 1,857.25
Change Order# 2 Add $ 10,537.00
Amount of this Change Order(#3) Add $ 29,797.00
Revised Contract Amount $3,234,161.25
Costs have been reviewed by the Consulting Architect(DiDonato Associates) and the Department of Public Works, Parks & Streets
and were found to be fair and equitable. Funds for this work are available in 30320506 445100-Division of Buildings
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 11, 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 Graciano
Corporation, an increase in the amount of $29,797.00, as more fully described in the above communication, for work relating to Job
No. 0746, City Hall, Masonry Restoration - Phase 2, C #93000112. Funds for this project are available in 30320506 445100 -
Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 11
INCREASE ENCUMBRANCE
CONTRACT NO. 93000183
As authorized by Your Honorable Body in the aforementioned resolution I have issued a consultant contract for emergency bridge
repair. The New York State Department of Transportation recently issued a structural flag to the Ohio Street Lift Bridge over the
Buffalo River. Subsequently, we employed our bridge consultant to prepare the necessary plans and specifications for the repair.
I am now requesting your Honorable.Body approve the following increase in encumbrance for Construction and Inspection Services
for this project.
Original Contract Amount: $45,000.00
Construction and Inspection Services for the Ohio Street Lift Bridge: $20,000.00
New Contract Amount: $65,000.00
Funds for this change order are available is Account 30032106-445100 and 31310606-445100.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 25, 2009, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to issue a change order for the
emergency repair of the Ohio Street Lift Bridge, in the amount of $20,000.00. Funds for the project are available in Account
30032106-445100 and 3130606-445100.
PASSED
AYES - 9 NOES - 0
NO. 12.
PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER
TO UPDATE THE HYDRAULIC MODEL FOR THE WATER SYSTEM
I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to
hire a consultant to update the existing Water CAD hydraulic model for the water distribution system. The existing water transmission
hydraulic was developed in 1997 and needs to be updated and recalibrated given changes in pumping, availability of metered
consumption data, completion of pertinent capital projects, and the proposed new high service pumping equipment at the Colonel
Ward and Mass. Avenue pump stations.
The costs for consulting services are estimated not to exceed $i00,000.00. The funds are available in a Division of Water accounts
53023517 473020, 53200696 445100, and 53210716 445100.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 24, 2009 be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant to update the existing
Water CAD hydraulic. Funds for this project are available in Division of Water accounts 530235 l 7 473020, 53200696 445100, and
53210716 445100.
PASSED
AYES - 9 NOES - 0
NO. 13
PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER
FOR THE RECONSTRUCTION OF THE MLK PARK HUMBOLDT
BASIN - SPLASH PAD
MASTEN
I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to
hire a consultant to provide design, bid, and construction phase services for the
Reconstruction of the MLK Park Humboldt Basin - Splash pad.
The costs for consulting services are estimated not to exceed
$235,000.00. The funds are available in Capital account 31450106 445100.
REFERRED TO THE COMMITTEE ON FINANCE.
AYES – FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RIVERA, RUSSELL, SMITH - 8 NOES – DAVIS - 1
NO. 14
PERMISSION TO HIRE CONSULTANA-ERIE BASIN MARINA
I hereby request permission from your Honorable Body to authorize the Commissioner of Public Works to engage
The services of a consultant engineer to prepare plans and specifications and to advertise for bids for the necessary repair work at
the Erie Basin Marina
This work shall include but not be limited to the installation of Dock Security Gates, Construction and Installation of an observation
platform, repairs to rest rooms and shower rooms and various infrastructure repairs such as dock boards, concrete walk repairs,
asphalt repairs, stonepier repairs and pavement marking. The last major rehabilitation of the Marina took place approximately 10
years ago.
We estimate this contract not to exceed $250,000.00. Funds for this project are available in Bond Fund 30000106-445100.
The City is also applying for funding through the City by City program as administered by the Empire State Development Corporation.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 15
REPORT OF BIDS
MARCY CASINO
RECONSTRUCTION
JOB #0812
DELAWARE DISTRICT
I advertised for on January 22, 2009, and received the following formal sealed bids for the Marcy Casino, Reconstruction, which were
publicly opened and read on February 12, 2009.
Tribal Construction/Consultation LLC $415,000.00
441 Bailey Ave, Buffalo, NY 14210
R.B. Mac. Construction Co. Inc $444,000.00
6688 Lincoln Ave, Lockport NY 14094
The Peyton Barlow Co. $449,000.00
360 Delaware, Buffalo, NY 14202
Sicoli Construction Services Inc $509,700.00
4800 Hyde Park Blvd, Niagara Falls NY
Hadala Construction Inc $540,000.00
Highland Masonry & Restoration Inc $583,000.00
33 Ransier Dr West Seneca NY 14224
Wilsandra Construction Co, Inc $640,000.00
300 Camden Dr, Buffalo, NY 14216
I hereby certify that the foregoing is a true and correct statement of all bids received and that Tribal Construction/Consultation LLC,
with a base bid of Four Hundred Fifteen Thousand and 00/100 Dollars ($415,000.00), is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the
basis of the low bid. Funds for this project are available in 31320206 445100, Buildings.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 17, 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 the Marcy
Casino, Reconstruction, to Tribal Construction/Consultation LLC, the lowest responsible bidder, in the amount of $415,000.00.
Funds for the project are available in 31320206 445100, Buildings.
PASSED
AYES - 9 NOES - 0
NO. 16
REPORT OF BIDS
FOR WATER FILTRATION PLANT CHLORINATION SYSTEM
UPGRADES PROJECT-COLONEL WARD COMPLEX
ELLICOTT DISTRICT
This is to advise your Honorable Body that I have advertised for and
received bids on February 24, 2009 for reconstruction and upgrade of the chlorination system at water filtration plant.
The following bids received:
The following bids received
General Contractor Electrical Contractor
1- Quackenbush Co $623,000.00 1-O’Connell Electric $115,000.00
2-J.W. Danforth $654,700.00 2-Ferguson Electric $138,000.00
3-SRC Construction $695,490.00 3-Weydman Electric $158,932.00
Engineer Estimate $818,750.00 $116,250.00
I hereby certify that the lowest responsible bidders are Quackenbush Co. for general works and O'Connell Electric for electrical
works. Also, I respectfully recommend that your Honorable Body authorize a contract award in the amount $ 685,300(Based Bid $
623,000 + a 62,300-10% unit bid increase=$ 685,300) for General Contractor and a contract award in the amount $ 126,500 (Based
Bid $ 115,000 + a 11,500-10% unit bid increase = $ 126,500 for Electrical Contractor.
The funds are available in a Division of Water account 53210726.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 25, 2009, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award contracts to the lowest
responsible bidders, for the Water Filtration Plant Chlorination System Upgrades Project-Colonel Ward Complex, to Quackenbush
Co. for general works and O'Connell Electric for electric works. Authorized a contract award in the amount of $685,300 (Based Bid
$623,000 + a 62,300-10% unit bid increase = $685,300) for General Contractor and a contract award in the amount of $126,500
(Based Bid $115,000 + $11,500 - 10% unit bid increase = $126,500 for Electrical Contract. Funds for the project are available in
Division of Water account 53210726.
PASSED
AYES - 9 NOES - 0
NO 17
TRADE IN OF VEHICLES
THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE
FOLLOWING EQUIPMENT ON THE PURCHASE OF THREE (3) NEW HEAVY DUTY SERVICE TRUCKS. UPON YOUR
APPROVAL THE DIVISION OF PURCHASE WILL PROCESS BY MEANS OF NEW YORK STATE CONTRACT THE
PURCHASE AND TRADE OF OUR REQUEST. VEHICLES BEING TRADED ARE INOPERABLE OR HAVE BODY RUST
BEYOND OUR USE.
CITY ASSET NUMBER:
W-85 1983 CHEVY WITH PLOW AND SALT SPREADER
W-128 1988 CHEVY FLATBED
W-129 1988 CHEVY 4 DOOR CREW CAB
W-137 1989 CHEVY 4 DOOR CREW CAB
W-138 1989 CHEVY 4 DOOR CREW CAB
W-145 1992 INTERNATIONAL 4900 4 X 2
W-146 1992 INTERNATIONAL 4900 4 X 2
W-162 1994 CHEVY4X4 C X C
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 23, 2009, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to trade-in equipment as listed above on
the purchase of three (3) new heavy duty trucks. That the purchase of these three (3) new vehicles is approved contingent on the
new vehicles being designated as not authorized for take-home use, marked with the City Seal in accordance with Chapter 53 of the
City Code, and concurrent with use, that the replaced vehicles be removed from City service and disposed of by the Director of
Purchase in the best interests of the City.
PASSED
AYES - 9 NOES – 0
NO 18
APPT STREET REPAIR WORKER (MAX)(HOWARD)
Certificate of Appointment
Appointment effective 2/13/09 in the Department of Public Works, Parks & Streets, Division of Engineering to the Position of Street
Repair Worker, Permanent, Non-Competitive, at the Starting Salary of $33,314.
Salvator Howard, 1490 Southside Parkway, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO 19
APPT WATER METER MECHANIC (MAX)(BARTH, MARSHALL)
Certificate of Appointment
Appointment effective 2/13/09 in the Department of Public Works, Parks & Streets, Division of Water to the Position of Water Meter
Mechanic, Permanent, Competitive, at the Starting Salary of $37,717
Andrew Barth, 157 Parkview Ave, Buffalo 14220
Charles E. Marshall, 104 Northampton Street, Buffalo 14209
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO 20
FEMA AWARD EMW-2008-F0-10698
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM (AFG)
The Department of Fire is requesting approval to accept and expend the grant award from FEMA's Assistance to Firefighters Grant
Program.
We applied for this grant as a means to Upgrade firefighting equipment and firefighter safety. We specifically addressed our need to
update our personal protective equipment. Turnout gear (bunker pants and coats) and helmets purchased through this grant will
further assist us in reaching our goal.
The total award from FEMA is $948,000.00. As part of the FEMA AFG Program, we are required to provide a 20% match to secure
these funds. The matching portion of the award is $189,600.00. We will use a portion of our clothing budget to assume the costs of
the grant match.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO 21
FOOD STORE LICENSE
332 ELMWOOD SOUTH (ELLICOTT)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Food Store License located at 332 Elmwood South (S Elmwood Quick Shop Inc) and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the attached
reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies
with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO 22
FOOD STORE LICENSE
464 SEVENTH (ELLICOTT)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food
Store License located at 464 Seventh (My Mini Mart) and find that as to form is correct. I have caused an investigation into the
premises for which said application for a food store license is being sought and according to the attached reports from the Zoning
Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other
applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated February 12,
2009, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Food Store License to Osamah Ali, located at 464 Seventh, d/b/a My Mini Mart.
PASSED
AYES - 9 NOES - 0
NO 23
J. GOLOMBEK-B. HARISH-TAX EXEMPTION STATUS FOR 1606 KENMORE (NORTH)
Prior Council Reference: (If Any)
Ext. (Item No 27, C.C.P. 2/17/2009
I would like to inform your Honorable Body that the Department of Economic Development. Permit and Inspection Services has issued
Certificate Occupancy Number 3430 on December 2, 2008. This document certifies compliance with all applicable Building and Zoning
Code requirements. The creation or application for this area to become an “Empire Zone is better addressed by the Department of
Strategic Planning. It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 24
RESTAURANT DANCE CLASS III
110 PEARL ST (ELLICOTT)
Pursuant to Chapter 150 of the City of Buffalo Ordinance please be advised that I have examined the attached application for a
Restaurant Dance Class III License located at 110 Pearl St and find that as to form is correct. I have caused an investigation into the
premises for which said application for a Restaurant Dance Class III license is being sought and according to the attached reports from
the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have
caused an investigation by the Police Department into the moral character of Sean Donaher. The attached thereto for Sean Donaher
d/b/a Big Orbit's Sound Lab. This request is submitted for your approval or whatever action you deem appropriate. REFERRED TO
THE COMMITTEE ON LEGISLATION
NO 25
USED CARDEALER 236 PADEREWSKI (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Used Car Dealer License located at 236 Paderewski and find that as to form is correct. I have caused an investigation into the
premises for which said application for a used car dealer license is being sought and according to the attached reports from the
Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other applicable laws. I have
caused an investigation by the Police Department into the moral character of Dak Skulski. The attached thereto for Dak Skulski
dba/Skulski Motors. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS
NO 26
2ND QUARTER GAP
nd
Under this cover please find the City's General Fund, Board of Education and BURA's Gap Report for the 2Quarter of Fiscal
2008-09.The report projects a positive end of year for the City General Fund of $2.51 million.
Revenues are projected to be $6.25 million over budget, primarily due to an increase in PILOTs (Payment in Lieu of Taxes), an
increased appropriation of AIM money for demolitions and resolution of the Seneca Casino Security contract.
On the expense side, most departments are projected to be under budget other than Permits, Police and Fire. Permits & Inspections
is over budget due to the increased appropriation of $3.21 million for demolitions. The Police Department is projected to be over
budget due to an increased amount of overtime. The vacancies in this department help to offset the high cost of overtime. Fire is
continuing to project higher than budget in their overtime line. The Fire Department is anticipating a new class in the spring that will
help fill the minimum manning requirements early next summer. Due to the cold winter and snow, Public Works is projecting an
additional $300,000 in salt purchases.
The City continues to project conservatively due to local economic and New York State fiscal concerns.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE BUFFALO URBAN RENEWAL AGENCY
NO 27
APPROVAL TO TRANSFER FIVE (5) HOMES IN SYCAMORE VILLAGE SUBDIVISION (ELL)
The Sycamore Village Subdivision is a pedestrian friendly, park-like community which, when completed, will consist of twenty-four
(24) new homes -twenty (20) market rate and four (4) affordable homes. The subdivision is located in the block bounded by
Sycamore Street, Jefferson Avenue, Matthews Street and Mortimer Street and is currently owned by the City of Buffalo Urban
Renewal Agency (hereinafter referred to as "Agency"). The entire site consists of approximately 3.86 acres.
Road and infrastructure work at the site is substantially complete with punch list items to be completed during Spring construction.
Phase I consists of ten (10) homes of which nine (9) are completed and one (1) house is left to be built. Phase II consists of nine (9)
homes of which six (6) are completed and three (3) homes are left to be built. Phase III will consist of five (5) homes. The Agency has
negotiated the sale of five (5) homes. Below is a list of the potential homebuyers, property addresses and proposed sale price.
The Agency is requesting the Common Council approve the transfer of the following sublots located in Sycamore Village Subdivision
to the following individuals at the stated minimum purchase prices:
NAME SUB LOTS MINIMUM SALES PRICE
HOME UNIT
Walter Hargrove Lot 1, 375 Sycamore St $150,000.00
Danielle McCarley Lot 5, 407 Sycamore St $150,000.00
Linda D. Thomas Lot 9, 427 Sydni Lane $200,000.00
Adrian & Sharon Jones Lot 15, 25 Sydni Lane $200,000.00
Valerie Harge & Dwain M. James Lot 16, 31 Sydni Lane $200,000.00
Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your
Honorable Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and
anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a
Notice of Public Hearing for your action.
Forwarded separately are the following documents:
1. Resolution setting Public Hearing
2. 2. Notice of Public Hearing
3. 3. Resolution approving proposed transfer
After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE CITY CLERK
NO 28
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
25 Letchworth State side Bar Thomas Redmond LLC
84 Reiman Roof Tops Bar and Grill Tiffany Zirpola
39 Fredro Tuscon Inn Roy Schukraft
30 Mississippi St Benchwarmers Quinn O’Brien
318 Pearl St Betioko Holdings Inc
RECEIVED AND FILED
NO 29
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed:
Public Works, Streets & Parks - David Cargo
Police – Thomas Whelan
RECEIVED AND FILED.
NO 30
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 31
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 2/18/09 in the Department of Executive, Division of Mayor to the Position of Telephone Operator, Temporary,
Open-Competitive, at the Starting Salary of $30,557
Jasmine L. Sworn, 275 Oakmont Ave #488, Buffalo 14215
Appointment effective 2/24/09 in the Department of Public Works, Division of Streets to the Position of Laborer II, Permanent, Non-
Competitive, at the Starting Salary of $29,182
Rashad L. Howard, 178 Parkridge, Buffalo 14215
Appointment effective 2/25/09 in the Department of Public Works, Division of Streets to the Position of Trucker Driver, Temporary,
Appointment, at the Starting Salary of $31,295
Henry Bogan, 174 Butler Avenue, Buffalo 14208
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO 32
B. DAVIS-UPDATE ARTIFACTS AT THE AD PRICE DEVELOPMENT
Dear Mr. Chwalinski:
Please file the attached item for further discussion at the next Common Council session to be held Tuesday, March 3, 2009. Thank
you in advance for your assistance with this matter.
Dear Council Member Davis:
This is a follow-up to our earlier conversation regarding an update on the artifacts at the A.D. Price development. As you know we
always intended to preserve the artifacts. We have made commitments to you and the residents that we would do everything possible
to preserve what we can. This past summer a group of staff and Members of our Board of Commissioners toured the site and agreed
on preserving the artifacts as best as we can.
Our plan is to incorporate the artifact into the new senior mid rise building that will be built at the corner of Jefferson and Peckham. In
addition we are planning on preserving the administrative building for residents services and possibly create several displays inside
the building of the artifacts. We are in the early stages of completing a plan for the artifacts. In fact, we are in the process of selecting
a preservation contractor that will safely remove the artifacts from the building. We are very committed on preserving these valuable
pieces of history. Thank you for your concerns and we look forward to working with you on this very important redevelopment project.
Modesto Candelario
Assistant Executive Director
Buffalo Municipal Housing Authority
389 Perry Street
Buffalo, New York 14294
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 33
J. KETCHUM MEMORIAL FUND- ANNUAL REPORT FY 2006 AND 2007
The Board of Trustees of the Jesse Ketchum Memorial Fund herewith submit its Annual Report to you as required by the Deed of Trust
that established this fund for the awarding of prizes for excellent scholarship to the eighth grade graduates of the Buffalo Public
Schools.
Principals of each elementary school having an eighth grade class have submitted the names of those students who are members of
the graduating class who have ranked the highest scholarship in their group.
The first place received a gold flashed medal, certificate and a $1,500 check that were presented to the three students ranking
highest in the entire city. The second place received a silver flashed medal, certificate and a $1,000 check. Each school winner
received a bronze medal, a certificate and a $100.00 savings bond. Awards were presented at the Awards Ceremony held at West
Hertel Academy.
For the 2006-2007 school year a total of thirty-nine medals and certificates were awarded. A list of the winners is enclosed for your
records.
Also, a copy of the financial report by the Treasurer, Mrs. Thomas Keeuan, for the fiscal year 12/31/05 thru 12/31/06 is enclosed.
Respectfully submitted,
Mrs. Patricia S. Evans
RECEIVED AND FILED
NO 34
M KEARNS-M OVERDORF-NFTA ROW PARCELS FROM MICHIGAN TO SMITH ST
I would like to file the attached information for the next Common Council meeting to be held on March 3, 2009.
Mayor Byron Brown
City Hall
Buffalo, NY 14202
Dear Honorable Mayor:
Pursuant to our conversation I am reiterating the need for the City of Buffalo to acquire the NFTA right of way that includes parcels
from Michigan Avenue to Smith Street and runs parallel to South Park Avenue. These properties which were the former rail lines for
the old DLW Railroad are now up for sale by the NFTA.
Upon meeting with Ruth Keating, a real estate lawyer from NFTA, I learned that NFTA did give notice to the City of Buffalo for right of
first refusal. She indicated that NFTA received no response from the City. It would be a travesty if this right of way is sold off and the
City loses control of what could be an important piece in the development of the City, in particular, the Old First Ward and Valley
neighborhoods.
I am not quite sure the legality of this sale but I urge your immediate attention and careful review by the Law Department. The Valley
Community Association is concerned as this property runs through our neighborhood and is part of the Valley Nature Park and
Habitat Trail on the Buffalo River behind our center.
Your attention to this matter would be greatly appreciated.
Sincerely yours,
Margaret Overdorf
Executive Director
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE CORPORATION COUNSEL
NO 35
NYSDEC-SEQR-BATTAGLIA TRANFER STATION-1037-1055 SENECA ST (FILL)
SEQR LEAD AGENCY COORDINATION BATTAGLIA TRANSFER STATION
1037-1055 SENECA STREETCITY OF BUFFALO, ERIE COUNTY
This is to advise you that the New York State Department of Environmental Conservation (the Department) has received an
application from Battaglia Demolition, Inc. to modify the Solid Waste Management Facility permit for the facility located at
1037-1055 Seneca Street. The modification application involves an increase in the facility's approved design capacity from 3800 tons
per month to 1600 tons per day, a request to handle municipal solid waste, recyclable materials, yard waste and land clearing debris
(in addition to construction and demolition debris), utilization of a 13,000 sq. ft. building addition, installation of a second entrance to
Peabody Street, and a change of operating hours from 7:00 a.m. -6:00 p.m. Monday through Friday and 7:00 a.m. - 1:00 p.m. on
Saturday to 6:00 a.m. - 6:00 p.m. Monday through Saturday (for waste receiving and handling) and 6:00 a.m. - 8:00 p.m. Monday
through Saturday (for waste handling). In addition, the application materials identify the potential of future rail transfer operations.
In accordance with 6NYCRR Part 617, the implementing regulations for the State Environmental Quality Review Act (SEQR), we
have identified the proposal as an "Unlisted" Action and have elected to undertake a coordinated review of this action. The purpose of
this letter is to inform you that a lead agency must be agreed upon within 30 days of this letter and to request information and
comments regarding any project impacts which should be addressed in the SEQR review. Preparation of an Environmental Impact
Statement or issuance of a Determination of Non-Significance must be done after designation of an appropriate "SEQR Lead
Agency". It is the Department's position that a "Positive Declaration", a Notice of Determination of Significance, and preparation of a
Draft Environmental Impact Statement is appropriate for the review of this proposal since significant adverse local impacts such as
odors, noise and truck traffic may result from this proposal.
The proposed modifications are described in the enclosed bound document: Part 360 Solid Waste Management Permit Application,
Long Environmental Assessment Form, Draft Environmental Impact Statement (DEIS) Scoping Outline, Engineering Report,
Operations and Maintenance Manual, and Environmental Justice Public Participation Plan.
Please review this material and reply by March 23, 2009. If no reply is received by this date, we will assume you have no comments to
make at this time.
If you have any questions, please contact me at (716) 851-7165.
Sincerely,
Steven J. Doleski
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO 36
NYS JOBS PROGRAM- INFORMATION
Dear Sir or Madam:
Since January 2008, one or more of our program participants have become employees of your business. We would like to continue to
help you meet your entry level workforce needs and at the same time add to your bottom line. How?
Jobs Program Services
Our services remain the same: We are able to carefully pre-screen prospective applicants prior to referral for your current job
openings. This means interviewing only appropriate candidates.
My Benefits
The Office of Temporary and Disability Assistance (OTDA) is providing information to assist Working Families in accessing valuable
resources to help make ends meet. The information provided from various New York State Agencies includes: program descriptions,
eligibility requirements, benefits and how to apply. We believe employers have an important role to play in giving employees access to
work support programs that can help them bridge the gap between their income and the high cost of living. When working families
can avail themselves of programs that provide a significant degree of economic stability with reduced inconvenience and red tape,
everyone benefits. When low-wage workers are able to supplement their income, feed their families, arrange dependable child care
and acquire medical care, they will be more dependable, stable and valuable employees.
What can employers do to help promote work supports?
• Post information on bulletin boards
• Make brochures available
• Develop a resource area
• Add to company's HR website
• Include stuffers with paychecks( ex: Earned Income tax credit information)
By visiting the website myBenefits one can quickly find out information on:
• Food Stamps
• Nutrition Programs
• Home Energy Assistance Program(HEAP)
• Weatherization Assistance Program
• Child Support Programs
• Child Care Subsidies
• Tax Credits
• Volunteer Income Tax Assistance
• Health Programs
Federal and State Tax Credit
Virtually all of our customers are pre-certified for a combination of federal and state tax credits which can reduce your tax liabilities by
thousands of dollars. At your request, we can forward the details regarding these credits directly to you or your accounting
department.
Making the Jobs Connection
For recruitment assistance or more information on myBenefits, your Human Resource Representative may contact Mary Ann
Kochersberger, Workforce Programs Specialist, at (716) 851-2704. Based upon your business requirements, Jobs Program staff will
screen, interview and refer qualified candidates. Applicant pre-screening, job placement, post employment and pre-certification of tax
credits are no cost to employers or job seekers.
We would welcome the opportunity to work with your business once again. Listed below is our contact information. Call us for
information on how we can help your business meet its entry level staffing needs and assist your existing staff information on work
supports for families.
Thank you for your time and future support.
Sincerely,
Mary Ann Kochersberger
Workforce Programs Specialist 1
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF HUMAN RESOURSES
NO 37
D. SMITH-LOCAL 264-ON COMMITTEE RE TRANSFER OF PARKS BACK TO THE CITY
Dear Councilman Smith:
Per our conversation with Council President Franczyk, Councilman Fontana, and yourself on 2/17/09 regarding the transfer of City
Parks back to the City, enclosed is a copy of the Memorandum of Understanding from July 2004. Of particular importance is page 8,
section 7.
Also, AFSCME Local 264 is suppose to be part of any committee regarding the transfer of Parks back to the City. We are several
months away from the June 30 date which the County has agreed to operate the City Parks. If the County is not going to continue
th
after June 30then we should be meeting so that an orderly transfer may occur.
I am sure that equipment needs to be purchased, various supplies ordered, and proper worksites established. Those discussions
should be taking place unless the County is willing to continue the program.
We are open for any discussions on the future of the City Parks.
Sincerely yours,
William Travis
President
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE SPECIAL COMMITTEE ON PARKS OVERSIGHT
NO 38
SEQR-FULL EAF –ELMWOOD VILLAGE DESIGN STANDARD CH 511-155
617.20 Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may
be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a
project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal
knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in
one particular area may not be aware of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has
been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a
reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether
an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an
impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually
important.
THIS AREA FOR LEAD AGENCY USE ONLY
DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: X Part1 X Part2 _ Part 3 Upon review of the information recorded on
this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and
importance of each impact, it is reasonably determined by the lead agency that:
A.The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the
environment, therefore a negative declaration will be prepared.
*A Conditioned Negative Declaration is only valid for Unlisted Actions
Name of Lead Action - Addition of Chap. 511 - 155 - Elmwood Village Design Standards
Name of Lead Agency - Common Council of the City of Buffalo
David A. Franczyk Council President
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO 39
NEGATIVE DECLARATION-ELMWOOD VILLAGE DESIGN STANDARDS CH 511-155
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
Date: 03-03-09
APPLICANT: City of Buffalo Common Council - Ordinance Amendment
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR-State Environmental Quality
Review) of the Environmental Conservation Law.
Lead Agency: City of Buffalo Common Council
City Hall : Room 1400 : 65 Niagara Square
Buffalo, New York 14202
Per the provisions of SEQR, the Common Council of the City of Buffalo as the Lead Agency has reviewed the following action as it
relates to the environment and has determined that the proposed action described below will not have a significant environmental
impact and a Draft Environmental Impact Statement will not be prepared.
Name of Action: Ordinance Amendment; amending Chapter 511 of the City Code to include §511-155 - "Elmwood Village Design Standards."
Location: Area bounded by: the North side of North Street, the South Side of Forest Avenue and from the West side of Delaware
Avenue (excluding the properties fronting on Delaware Avenue) to the East side of Richmond Avenue.
Type of Action: Type I - Coordinated.
Description: The Common Council of the City of Buffalo at the suggestion of the Elmwood Village Association, after intensive study
and it's completion a visual preference survey, proposes to amend Chapter 511 of the City Code to include Chapter 511-155, "Elmwood Village
Design Standards." The Standards contain more rigorous notice requirements to insure maximum community participation in potential
changes to Commercial Spaces that makeup the built environment on Elmwood Avenue within the designated area, commonly known as
the Elmwood Village. The Standards also contain additional requirements and considerations for the City Planning Board to consider
when evaluating commercial projects within the Elmwood Village Design Standards District.
As a result of this Environmental Review, the Lead Agency has determined that the undertaking of this action will not have a significant
adverse affect on the quality of the environment. No further environmental review of this action will be conducted prior to granting or denying
the approval sought and a Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this determination include as follows:
The two areas of potential environmental concern implicated by this amendment to the City's Ordinance to include additional design
standards are potential impacts on the aesthetics and character of the Elmwood Village neighborhood, as the Ordinance amendment
contemplates no specific changes to the existing built environment. There are no potential significant environmental impacts because the
Ordinance Amendment keeps with the essential character of the Elmwood Village neighborhood and insures its preservation, while also
including additional safeguards against potentially adverse projects by increasing public awareness. through additional notice procedures
applicable to projects within the designated area and additional reviews of plans that attempt to alter the streetscape via demolition and/or
rehabilitation.
The combination of increased notice and additional requirements for commercial property owners to abide by before they alter or
construct commercial spaces within the Elmwood Avenue Design Standards District insures preservation of the essential neighborhood
character and maintenance and enhancement of the unique character and scale of the community.
For further information relative to this Negative Declaration, contact Mr. Timothy A. Ball, Assistant Corporation Counsel, Room 1102 City
Hall, Buffalo, New York 14202 -(716) 851-4318.
ADOPTED
NO 40
TRAFFIC SIGNAL CONTROLS AND RED LIGHT RUNNING ARTICLES
Re: Traffic Signal Controls and Red Light Running - Articles and Report
Dear Mr. Chwalinski:
Please file the attached newspaper articles and report on traffic signal controls and red light running for further consideration at the next
Common Council session to be held March 3, 2009.
Traffic lights in city need to be put in sync
If the city is going to bump us on one end, it needs to give us a break on the other.
Mayor Byron Brown and city lawmakers want to put cameras in traffic lights. Any driver passing after the light turns red gets a
Kodak moment, followed by a ticket mailed to his address. The main aim, they say, is safety --although, in the same sentence, they
note the extra $3 million the running-on-red fines would bring
I could get on board with the cameras if the city cared more about lending drivers a hand than it does with reaching into their
wallets. It can give drivers a break by synchronizing traffic lights so folks are not constantly stopping and starting.
I am all for safety. There is no excuse for running a light, even if it has barely turned red. But frustration is the mother of lead-
footedness. Nothing drives more drivers nuts than stopping at a light, getting back up to speed, then seeing the upcoming green light
turn just before you get to it. Gas costs more than $4 a gallon. Nothing burns the precious liquid - or causes a slow burn in drivers -
more than constantly stopping and starting. Especially when there is a better way.
The city recently got the technology to time traffic lights on its major roads. Synchronizing traffic lights would turn a stop-and-
start slog into an easy cruise for drivers. It would save us gas and time, cut the number of accidents and keep the air cleaner. It would
also spare us fed-up, brake-weary drivers who speed through a changing light instead of slamming the brake.
"Coordination of traffic signals [enables] motorists to travel through multiple intersections with minimal delay... at great benefit to
the community," noted a study by the state's energy agency.
Yet lights are synchronized on only four of 11 major city thoroughfares -- South Park, Niagara, William and Genesee. City
officials said synchronized lights are not coming soon to other arteries -- Main, Elmwood, Delaware, Broadway, Clinton, Seneca and
Exchange.
"It will be another couple of years," said traffic engineer Eric Schmarder, "due to funding issues."
I drove into downtown on Delaware Avenue with the rush-hour pack Wednesday morning. Between Delaware Park end Church
Street, I hit 23 traffic lights. Eleven of them -- nearly half -- were red. Call it commutus interruptus.
A modest proposal: Before putting in traffic cameras to nab irate drivers slipping through changing lights, the city should synchronize
traffic lights on all of its major roads.
"No, we are not going to de that," said mayoral spokesman Peter Cutler. "l don't buy the theory that people run lights because they are
not synchronized,"
Judging by what I see on the road every day, I disagree.
If the city is going to play tough with drivers, it needs to play fair. More to the point, it needs to play smart.
Buffalo drivers could save more than $3 million a year in gas if lights were timed on its major roads, according to the state energy
study. Add the value of time saved, fewer accidents and cleaner air, and the annual savings could spike to more than $50 million.
Instead of taking money out of our pockets with traffic cameras, and fertilizing lawbreaking with mistimed lights, the city should be
helping us.
With synchronized traffic lights, notes the state study, “drivers would see a reduction in travel time, an increase in gas mileage and a
decrease in the number of accidents.”
It should be the least we get for our tax dollars.
I wish the city got as worked up about savings us time and money as it is about playing gotcha at traffic lights. It means less money
for them – but more time and money for us.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO 41
T. HAWKINS, OWNER, USE 194 MAPLE ST FOR A COMMERCIAL PARKING LOT
(ELL)(NO PUB HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO 42
APPT SYSTEM ANALYST(PROV)(INTER)(STRAINESE)(MIS)
(CCP# 12, 02/17)
That Communication 12 of February I7, 2009 be received and Filed and that the Intermediate Salary of Joseph Strainese, 318
Southside Pkwy, Buffalo, NY 14220 at the intermediate salary of $51,601 is hereby approved.
PASSED
AYES - 9 NOES - 0
NO 43
APPT DOG CONTROL OFFICER (PROV)(MAX)(DYTE)(PW)
(CCP# 16, 02/17)
That Communication 16 of February 17, 2009 be received and Filed and that the Provisional Appointment of Timothy Dyte,
53 Gunnell Avenue, Buffalo, NY 14216 at the maximum Salary of $34,928 is hereby approved.
PASSED
AYES - 9 NOES - 0
NO 44
APPT SPECIAL ASSISTANT (EXEMPT)(NOSWORTHY)(PW)
(CCP# 17, 2/17)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 45
NOTICES OF APPOINTMENTS TEMP/PROV/PERM
(CCP# 24, 2/17)
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(MICHAEL P. KEARNS, CHAIRMAN)
NO 46
O. MCFOY-MONTHLY WATER BOARD REPO JANUARY2009
(CCP# 32, 2/17)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 47
M. KEARNS-UPDATE STATUS O FSOUTH BFLO ROOF REPLACEMENT PROGRAM(#32,2/3)
(CCP# 43, 2/17)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 48
M. KEARNS-PAYMENT FOR SOUTH DISTRICT ROOF REPLACEMENT PROGRAM
(47, L 1/12)(CCP# 47,2/17)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 49
RESULTS OF NEGOTIATIONS - 1269 GENESEE
(ITEM NO. 7, C.C.P., OCT. 2, 2007) (ITEM NO. 49, C.C.P., FEB. 17, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved that the above item be recommitted to the Committee on Finance
ADOPTED
NO 50
BLS COURSE SPONSORSHIP & ESTABLISHING OF NEW REVENUE ACCOUNTS
(ITEM NO. 31, C.C.P., DEC. 9, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved that the above item be recommitted to the Committee on Finance
ADOPTED
NO 51
REPORT OF BIDS - STREET CUT REPAIR - 2008, GROUP #689
ITEM NO. 19, C.C.P., NOV. 12, 2008)
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Street Cut
Repair 2008, Group #689, Addendum, to Destro & Brothers Concrete Co., the lowest responsible bidder, in the amount of
$595,925.00 ($541,750.00 + 10% unit price increase of $54,175.00 - $595,925.00. Funds for the project are available in Capital Project
Account #31310406-445100 & #30032106-445100). That the Commissioner of Public Works, Parks and Streets, be, and he hereby
is authorized to accept funds from Division of Water and deposit into account #53023517-473020 to fund portions of this project.
PASSED
AYES - 9 NOES - 0
NO 52
M. KEARNS-COB COMMUNITY CENTER LEASE AGREEMENTS
CCP# 58,9/30)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 53
A NEW WAY PROVIDING NON-FINANCIAL ASST TO COMM BASED ORG (EXEC 1ST RES)
(CCP# 129,6/24)
That the above item be the same and hereby is Received and Filed
ADOPTED
NO 54
A NEW WAY PROVIDING NON-FINANCIAL ASST TO COMM BASED ORGANIZATIONS(COMPT)
CCP# 10,9/2)
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRMAN)
NO. 55
COMPREHENSIVE AND COMMUNITY PLANNING
(ITEM NO. 6, C.C.P., FEB. 17, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
That the Mayor be, and he hereby is authorized to submit a Brownfield Opportunity Area application for funding to undertake any and
all eligible activities as set forth pursuant to the Brownfield Opportunity Area Program; and execute any and all documentation
necessary to apply, accept and administer said grant funding.
RECEIVED AND FILED
NO. 56
L. LGLESIAS-HISPANICSUNITED OFBFLO SUPPORT FOR PEACE BRIDGE EXP PROJ
(#30, 2/17)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 57
2009-2010 ANNUAL ACTION PLAN(YEAR 35 COMMUNITY DEVELOPMENT BLOCK GRANT)
ITEM NO 4 CCP 2/5/2009
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO. 58
RESULTS OF NEGOTIATIONS - 23 HAUF
(ITEM NO. 10, C.C.P., DEC. 23, 2008) (ITEM NO. 41, C.C.P., JAN. 20, 2009)
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. 59
K. LONG, PETITION TO USE 1900 HERTEL - USE ILLUMINATED SIGN
(ITEM NO. 34, C.C.P., FEB. 17, 2009)
That the petition of K. Long, owner, for permission to use 1900 Hertel for a
4' x 6", total height 16', illuminated sign be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 60
K. WRIGHT, PETITION TO USE 636 DELAWARE - WALL SIGN & REFACE GROUND SIGN
(ITEM NO. 37, C.C.P., FEB. 17, 2009)
That the petition of K. Wright, agent, for permission to use 636 Delaware for a 1.5' x 9', illuminated sign and to reface a ground sign,
2.6' x 6.6' be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 61
RESULTS OF NEGOTIATIONS - 83 SUSSEX
(ITEM NO. 11, C.C.P., FEB. 3, 2009) (ITEM NO. 57, C.C.P., FEB. 17, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
Mr. Golombek moved that the above item be re, committed to the Committee on Legislation
ADOPTED
NO. 62
C. HARTKE, PETITION TO USE 591 DELAWARE - POLE SIGN (ITEM NO. 38, C.C.P., FEB. 3, 2009)
That the petition of C. Hartke, for permission to use 591 Delaware for a 3' x
2.5", total height 8', non-illuminated sign be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 63
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (CITYWIDE DESIGN AND SITE)
(ITEM NO. 60, C.C.P., JAN. 20, 2009)
That the above item be, and the same hereby is, returned to the Common
Council without recommendation.
Mr. Golombek moved:
That the Ordinance Amendment as contained in Item No. 60, C.C.P.,
January 20, 2009, be and the same hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 64
D. SACH-SEQR REQUIREMENTS FOR ELMWOOD VILLAGE DESIGN STANDARDS-AMENDMENT TO THE CHARTER
(#42, 1/6)(#5I, 12/23)
That the above item be the same and hereby is Received and Filed. ADOPTED
ADOPTED
NO. 65
B. DAVIS-C. BROWN & OTHERS-REQUEST FOR CHANGES IN TRAFFIC CONTROLS ON HUDSON ST/OR PLYMOUTH
(#93, 12/23)(#89, 9/2)(#79, 9/30)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 66
S. DOLESKI-NYSDEC REVIEW OF ENVIR IMPACT BFLO NIAGARA MEDICAL CAMPUS NORTH END PROJECTS
(#20, 11/25)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 67
M. ROMANOWSKI-ABANDONMENT OF GOODRICH ST BTWN ELLICOTT AND MICHIGAN
(#24, 11/25)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 68
M.ROMANOWSKI-NOTICE OF COMPLETION/NOTICE OF HRG BFLO NIA MED CAMPUS NORTH END DEVELOPMENT
(#40, 10/28)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 69
M. ROMANOWSKI-SEQR-POSITIVEDECLARATIONBFLONIAGARAMEDICALCAMPUS
(#34, 10/14)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 70
M. ROMANOWSKI-ABANDONMENT OF CITY-OWNED ROW-BFLO NIAGARA MEDICAL CAMPUS
(#80, 9/2)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 71
FOOD STORE LICENSE - 465 BEST
(ITEM NO. 35, C.C.P., SEPT. 16, 2008)
(ITEM NO. 86, C.C.P., DEC. 23, 2008)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Food Store License to Mohamed Alnasafi located at 465 Best d/b/a Alfy's Food Market.
PASSED
AYES - 9 NOES - 0
NO. 72
ESTABLISHMENT OF ELMWOOD AVENUE DESIGN GUIDELINES
(ITEM NO. 101, C.C.P., MAY 29, 2007)
(ITEM NO. 82, C.C.P., SEPT. 30, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That this communication is referred to the Elmwood Village Association, the Office of Strategic Planning and the Corporation
Counsel's office to obtain their comments on design guidelines for Elmwood Avenue.
ADOPTED
PUBLIC TRANSPORTATION
(MICHAEL P. KEARNS)
NO. 73
B. DAVIS-TRAFFIC CONDITIONS ON CAROLINA ST
CCP# 32, 10/14
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 74
REQUEST TRAFFIC STUDY- TIFFT STREET
(ITEM NO. 67, C.C.P., OCT. 14, 2008)
That the Department of Public Works, Parks and Streets conduct a traffic study of Tifft Street, from Hopkins to Fuhrman Boulevard
and report back to this Common Council its suggestions for an improved Tifft Street; and
That any changes to Tifft Street should be done in conjunction with the Complete Streets Legislation that calls for the incorporation of
sidewalks, bike lanes, paths, and other improvements to ensure a safe access street for all users.
ADOPTED
RESOLUTIONS
NO. 75
BY COUNCILMEMBER DAVIS
SET PUBLIC HEARING
SYCAMORE VILLAGE SUBDIVISION
31 SYNI LANE, 375 SYCAMORE, 407 SYCAMORE, 37 SYDNI LANE AND 25 SYDNI LANE
WHEREAS, the City of Buffalo Urban Renewal Agency and five (5) individual homebuyers have negotiated Purchase Contracts for
five (5) homes in the Sycamore Village Subdivision; and;
WHEREAS, the terms of said Purchase Contracts have been approved by the City of Buffalo Urban Renewal Agency; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition of land may be approved only after a public
hearing with due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no
later than the 7th day of March 2009.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the
Council Chambers on the 17th of March 2009.
ADOPTED
NO. 76
BY: COUNCILMEMBER DAVIS
APPROVAL TO TRANSFER FIVE (5)
HOMES IN SYCAMORE VILLAGE SUBDIVISION
WHEREAS, the City of Buffalo Urban Renewal Agency has approved the transfer of five (5) homes in the City of Buffalo Sycamore
Village Subdivision to five (5) individual homebuyers; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General
Municipal Law' and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor, the Chairman, Vice-Chairman, or any officer of the City of Buffalo Urban Renewal Agency is hereby authorized to
execute any and all deeds or other documents necessary to convey lands to the following purchasers which is subject to approval of
Agency Legal Counsel:
SUB LOTS
HOME Unit
Walter Hargrove Lot 1,375 Sycamore St $150,000.00
HOME Unit
Danielle McCarley Lot 5, 407 Sycamore St $150,000.00
Linda D. Thomas Lot 9, 427 Sydni Lane $200,000.00
Adrian & Sharon Jones Lot 15, 25 Sydni Lane $200,000.00
Valerie Harge & Dwain M. James Lot 16, 31 Sydni Lane $200,000.00
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 77
BY: MR. FRANCZYK
CO-SPONSORS: MR. FONTANA, MR. KEARNS
PERMISSION TO HANG BANNER ALONG OLD NEIGHBORHOOD PARADE ROUTE
The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; and
The parade retraces the original St. Patrick's Day 1913 parade route and focuses on fun, the tradition and nostalgia associated with
the Old First Ward and Valley neighborhoods; and
The first parade started out small with about twenty marching units. This year, on March 14, 2009, the Old Neighborhood St.
Patrick's Day Parade will have over 75 marching units and is the second largest St. Patrick's Day Parade in Western New York; and
The Valley Community Center is requesting to hang flags along the parade route from March 9, 2009 to March 20, 2009;
Now, Therefore, Be It Resolved:
That the City of Buffalo Common Council hereby permits the Valley Community Center to hang flags along the route of the Old
Neighborhood St. Patrick' Day Parade. The flags will be installed on March 9, 2009 and stay up until March 20, 2009; and
Now, Therefore, Be It Further Resolved:
That the flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the
Department of Public Works, Parks and Streets.
ADOPTED
NO 78
BY: MICHAEL P. KEAMS:
BOND RESOLUTION-AUTUMNWOOD SENIOR CENTER RECONSTRUCTION
Account 3000-310
Bond Resolution of the City of Buffalo, New York, authorizing the issuance of $107,000 General Improvement Bonds of said City to
finance the cost of partial reconstruction of Autumnwood Senior Center located on 1798 Clinton Street, in the City, at the estimated
total cost of $107,000.
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves (by the favorable vote of not less than
two-thirds of all the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New York, is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of One Hundred Seven Thousand Dollars ($107,000), pursuant to the
provisions of the Charter of said City and the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of
New York (the "Law"), to finance the cost of partial reconstruction of Autunmwood Senior Center located on 1798 Clinton Street
including but not limited to: various upgrades to building, facade stabilization, HVAC and weatherization. The estimated total cost of
said specific object or purpose for which the bonds authorized by this resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is $107,000 as set forth in the duly adopted 2009 Capital Improvements Budget of
said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by this resolution, or any bond anticipation notes issued in anticipation of
the sale of said bonds shall be deposited in the Capital Projects Fund to the credit of the Department of Public Works, Division of
Buildings, "Autumnwood Senior Center Reconstruction-2009", Bond Authorization Account No. 3000-310, and shall be used for the
specific object or purpose specified in Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis, the costs or a portion of the costs of said objects or purposes for which
bonds are herein authorized, which costs are reasonably expected to be incurred by the City, pursuant to this Bond Resolution, in the
maximum amount of $107,000. This Resolution is a declaration of Official Intent adopted pursuant to the requirements of Treasury
Regulation Section I. 150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The existing building is of Class "B" construction as defined by Section 11.00 a. 11. (b) of the Law, and the period of probable
usefulness applicable to the specific object or purpose for which the bonds authorized by this resolution are to be issued within the
limitations of Section 11.00 a. 12.(a)(2) of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation thereof in accordance- with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. Said
bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal and interest by a general tax upon
all the taxable real property within said City without limitation as to rate or amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made
annually by appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption
of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation of the sale of
said bonds may be contested only if:
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied
with,
and an action, suit or proceeding contesting such validity, is commenced within twenty days aider the date of such publication,
or
(c)Such obligations are authorized in violation of the provisions of the constitution.
Introduced:
Message of Necessity
That Pursuant to law, we do hereby certify that immediate passage of the attached bond resolution is necessary for the efficient
conduct of City Business.
Bryon W. Brown
Mayor
Andrew A. Sanfilippo
Comptroller
LAID ON THE TABLE
AYES – Davis, Fontana, Franczyk, Golombek, Kearns, LoCurto, Rivera, Russell-8 NOES –Smith-1
Mr. Fontana made a motion to take of 10 minute recess.
Seconded by Mr. Kearns
The Common Council reconvened with the following members present
Davis, Fontana, Franczyk, Golombek, Kearns, LoCurto, Rivera, Russell, Smith
NO 79
MR. KEARNS; MR. FRANCZYK; MR. FONTANA; MR. LOCURTO; MR. RIVERA; AND MR. GOLOMBEK
OUTER HARBOR TRANSPORTATION PROJECT IS SHOVEL-READY AND
SHOULD BE FUNDED THROUGH THE FEDERAL ECONOMIC STIMULUS PACKAGE
WHEREAS, During the last year, the New York State Department of Transportation ("NYSDOT") has commenced reconstruction of
the City of Buffalo's Outer Harbor, including Route 5 and Fuhrman Boulevard; and
WHEREAS, NYSDOT's preferred alternative in regard to this reconstruction project will maintain a separate high-speed, limited-
access highway, which is only compatible with, and will continue to encourage, low value suburban style development on Buffalo's
waterfront; and
WHEREAS, NYSDOT's preferred alternative will maintain an embanked highway at the expense of valuable waterfront acreage, and
ultimately will not create the access necessary to make the Buffalo waterfront a destination; and
WHEREAS, The Final Environmental Impact Statement ("FEIS") for the Buffalo Outer Harbor Project, which was drafted at a time
when the availability of Federal Stimulus Package funding was unforeseeable, stated that the original proposal for the project, which
calls for elimination of the elevated portion of Route 5, would not be pursued because it was cost prohibitive; and
WHEREAS, New York State officials have claimed that shovel-ready projects would be added to their list for consideration and that
such projects would need to be ready for construction within 90 days in order to qualify for stimulus funding; and
WHEREAS, With Federal Economic Stimulus Plan funding now being made available for states and localities, the Buffalo Outer
Harbor Project should be re-examined to determine the feasibility of filing a supplemental FEIS so as to pursue the original proposal,
which may no longer be cost prohibitive; and
WHEREAS, The Buffalo News recently reported that of the $53 million in funding earmarked, 54% will go to NYSDOT projects in the
area; and
WHEREAS, Although New York State's preliminary list of eligible projects currently includes no sites on the Buffalo waterfront, the
opportunity remains for the City to realize its vision of single urban thoroughfare that will encourage the economic revitalization of our
waterfront by eliminating the impediment of an embanked highway; and
WHEREAS, The South Buffalo Brownfield Opportunity Area ("South Buffalo BOA"), which contains approximately 1,800 acres of
strategically located but largely underutilized land in South Buffalo, is bounded by Route 5 on the west and will be crucial to the
revitalization of adjacent neighborhoods, the Buffalo River corridor, the Lake Erie waterfront and the City of Buffalo; and
WHEREAS, The South Buffalo BOA has additionally been designated as a Smart Growth Area by Governor Patterson. The Smart
Growth principles that are being used to guide the development of the South Buffalo BOA Plan strongly discourage
elevated/embanked roadways like Route 5 because they have proven to be barriers to development and hinder connectivity; and
WHEREAS, The Final Master Plan for the South Buffalo BOA is expected to be released soon and it will outline the preferred uses
for this large tract of land adjacent to Route 5. The designation of the South Buffalo BOA as a Smart Growth Area, as well as
determinations reached by local stakeholders in this study, should be considered when pursuing Federal Stimulus Funding for our
community; and
NOW THEREFORE BE IT RESOLVED,
That the Buffalo Common Council respectfully requests that Governor Patterson and NYSDOT officials move quickly to reconsider
the original proposal for the Buffalo Outer Harbor Project, amend the current design to eliminate the embanked portion of Route 5,
and file a Supplemental FEIS so that this project can be considered eligible for Federal Stimulus Funding, as well as to ensure that
the future design of Route 5 compliments our community's vision for its waterfront and the adjacent South Buffalo BOA.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 80
BY: MR. KEARNS, MR. DAVIS
SUPPORT FOR APPLYING FOR FUNDING TO THE NEW YORK STATE DEPARTMENTS OF
STATE AND ENVIRONMENTAL CONSERVATION BROWNFIELD OPPORTUNITY AREAS PROGRAM
FOR THE PROPOSED BUFFALO HARBOR BROWNFIELD OPPORTUNITY AREA (BOA)
WHEREAS: the New York State Brownfield Opportunity Areas Program offers to provide 90% grants, up to $1,000,000, to municipalities
to provide planning funds to achieve community consensus and create an implementation strategy, including SEQRA compliance.
WHEREAS: Buffalo's industrial history has left an environmental legacy along its waterfront and the preparation of a detailed master plan
through the New York State BOA Program will recognize the environmental challenges to redevelopment and provide access to the
resources needed overcome them; and
WHEREAS: the properties located within the Buffalo Harbor area offer great potential to study the effects of the many Brownfield sites
and present opportunities to master plan these parcels for future smart redevelopment; and
WHEREAS: in order to formally consider adoption of an area wide plan and allow for its implementation which may entail other municipal
actions such as funding, the creation and adoption of an urban renewal plan and/or zoning actions and or the construction of roads and/or
other amenities, all with the assistance of the community, the City will comply with the State Environmental Quality Review Act; and
WHEREAS: the Erie Canal Harbor Development Corporation (a subsidiary of Empire State Development that was created to spearhead
waterfront redevelopment in Buffalo) has proposed a partnership with the City to apply for and carryout the Buffalo Harbor BOA project;
and
WHEREAS: the City of Buffalo is considered an eligible applicant under the NYS BOA Program guidelines; and
WHEREAS: §970-r of the General Municipal Law authorizes State assistance to eligible parties for Brownfield Opportunity Areas
Program grants by means of a State Assistance Contract (SAC) and the City of Buffalo deems it to be in the public interest and benefit
under this law to enter into a contract therewith.
NOW, THEREFORE, BE IT RESOLVED BY THAT:
The Mayor is authorized to act in behalf of all applicants in all matters related to State assistance under §970-r of the General Municipal
Law for the Project. The Mayor is also authorized to sign and submit the application, execute the SAC, request SAC advances and
reimbursements, redistribute SAC reimbursements as appropriate, submit Project documentation, and otherwise act for all applicants in
all matters related to the Project and to State assistance; and
BE IT FINALLY RESOLVED THAT:
The City of Buffalo agrees that it will complete the Buffalo Harbor BOA Project and will provide for the 10% match share of the
ADOPTED
NO 81
BY: COUNCILMEMBER MICHAEL J. LOCURTO
ASSISTANT LEGISLATIVE AIDE APPOINTMENT
WHEREAS: I am appointing James Thoma, who resides at 744 Ashland Avenue, Buffalo, New York as an Assistant Legislative Aid in
my office; and
WHEREAS: Mr. Thoma has previously worked for S.C. Degnan Consultants and is quite capable of filling this position; and
WHEREAS: Mr. Thoma is a graduate of the State University of New York at Albany and received a B.A. in May 2004; and
NOW THEREFORE BE IT RESOLVED:
That the Common Council appoints Mr. James Thoma to Assistant Legislative Aide for the Delaware District.
ADOPTED
NO 82
BY: MR. LOCURTO
REPORT OF ALL LOANS AND GRANTS MADE FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AWARDED TO THE CITY OF BUFFALO, THE BUFFALO URBAN RENEWAL AGENCY AND/OR ITS
SUB-CONTRACTORS.
WHEREAS: As elected representatives of Buffalo residents, it is the responsibility of the Common Council to review the proposed Annual
Action Plan, which reflects the mayor's recommended spending of Housing & Urban Development ("HUD") funds for the Community
Development Block Grant ("CDBG"), HOME Investment Partnership Program ("HOME"), Emergency Shelter Grant ("ESG") and
Housing Opportunities for People with AIDS ("HOPWA"). The Council then either approves the plan as presented, or makes
amendments to the plan before approving the item; and
WHEREAS: The Buffalo Urban Renewal Agency ("BURA") is a public benefit corporation that was designated to manage the various
urban renewal programs included within the Annual Action Plan. Among its responsibilities, BURA is responsible for lending money and
providing grants to businesses and individuals; and
WHEREAS: In order to make an informed decision regarding the spending of CDBG, HOME, ESG and HOPWA funds, the Common
Council has an obligation to learn about the administrative and programmatic activities of BURA and its subcontractors before approving
the Annual Action Plan; and
WHEREAS: The Common Council wants to learn more about the lending and granting activities of the BURA and its subcontractors, and
believes that receiving regular reports detailing the originating, collection, delinquency and write-off of all loans, as well as a report of all
grants made; and
WHEREAS: Presently, this information is not readily available on the BURA website nor in any other place that is easily accessible by the
public; and
WHEREAS: Not only could this information lead to improved policy choices by the Common Council and provide transparency to the
BURA, but it may also help prevent waste, fraud and abuse and streamline costs for the city for the foreseeable future; and
NOW, THEREFORE BE IT RESOLVED:
That this Honorable Body does hereby direct that BURA and its Sub-contractors report to this Common Council, on a monthly basis, all
loans and grants made from funds originating with HUD funding awarded to the City of Buffalo and BURA and its Sub-contractors on
behalf of the City of Buffalo or from income derived therefrom; and
AND, BE IT FINALLY RESOLVED:
That this Honorable does hereby direct that BURA and its subcontractors also report to this Common Council, on a quarterly basis, the
collection, delinquency and write-off of all loans made from funds originating with HUD funding awarded to the City of Buffalo and BURA
and its Sub-contractors on behalf of the City of Buffalo or from income derived therefrom.
ADOPTED
NO 83
BY: MR. LOCURTO, MR. KEARNS
2009 RESOLUTION ON THE SPENDING OF FEDERAL ECONOMIC RENEWAL
GRANTS TO THE CITY OF BUFFALO
WHEREAS, the economic downturn is having a critical impact on everyday Americans who are struggling to maintain or find jobs in an
increasingly difficult environment, and
WHEREAS, those same Americans are the taxpayers that provide the revenue needed to operate essential government services, and
WHEREAS, Congress and President Obama are planning a taxpayer-sponsored economic recovery package that will provide billions of
dollars to help economically devastated cities and states immediately provide jobs to millions of out-of-work Americans through
considerable infrastructure rebuilding, green energy projects and other projects that will require manufactured components, and
WHEREAS, our taxpayer dollars should be spent to maximize the creation of American jobs and restoring the economic vitality of our
communities, and
WHEREAS, any domestically produced products that are purchased with economic recovery plan monies will immediately help struggling
American families and will help stabilize our greater economy, and
WHEREAS, any economic recovery plan spending should - to every extent possible - include a commitment from the City of Buffalo to
buy materials, goods and services for projects from companies that are produced within the United States, thus employing the very
workers that pay the taxes for the economic recovery plan spending in the first place.
THEREFORE,
BE IT RESOLVED THAT, we the undersigned will work to maximize the creation of American jobs and restoring economic growth and
opportunity by spending economic recovery plan funds on products and services that both create jobs and help keep Americans
employed.
BE IT FURTHER RESOLVED THAT, we commit to purchasing only products and services that are made or performed in the United
States of America whenever and wherever possible with any economic recovery monies provided to the City of Buffalo by the American
taxpayers, AND
BE IT FURTHER RESOLVED THAT, as legislators of the City of Buffalo, we commit to publish any requests to waive these procurement
priorities so as to give American workers and producers the opportunity to identify and provide the American products and services that
will maximize the success of our nation's economic recovery program.
ADOOPTED
NO 84
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT VARIOUS DEPARTMENTS
The Common Council of the City of Buffalo does ordain as follows”
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to Various Departments which currently reads:
03 - Mayor and Executive
Clerk $11.11
Laborer II $11.11
06 - Department of Assessment
Clerk $11.11
17 - Department of Administration, Finance, Policy & Urban Affairs
Laborer II $11.11
31 - Department of Public Works - Engineering
Clerk $11.11
Laborer II $11.11
32 -Department of Public Works - Buildings
Laborer II $11.11
50 - Department of Public Works - Streets
Laborer II $11.11
55 -Department of Community Services
Senior Citizen Aid $11.11
5200 - 51 - Department of Public Works - Streets Enterprise
Laborer II $11.11
5300 - 37 - Department of Public Works - Water Enterprise
Water Service Worker $11.11
Is hereby amended to read:
03 - Mayor and Executive
Clerk $11.57
Laborer II $11.57
06 - Department of Assessment
Clerk $11.57
17 – Department of Administration, Finance, Policy & Urban Affairs
Laborer II $11.57
31 – Department of Public Works - Engineering
Clerk $11.57
Laborer II $11.57
32 - Department of Public Works - Buildings
Laborer II $11.57
50 - Department of Public Works - Streets
Laborer II $11.57
55 - Department of Community Services
Senior Citizen Aid $11.57
5200 - 51 - Department of Public Works - Streets Enterprise
Laborer II $11.57
5300 - 37 - Department of Public Works - Water Enterprise
Water Service Worker $11.57
This ordinance shall be effective January 1, 2009
BYRON W. BROWN, MAYOR, MARTIN F. KENNEDY, COMMISSONER OF ASSESSMENT, JANET PENKSA, COMMISSIONER
OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS, STEVEN J. STEPNIAK, COMMISSIONER OF PUBLIC
WORKS, PARKS & STREETS, TANYA PERRIN-JOHNSON, COMMISSIONER OF COMMUNITY SERVICES AND DONNA J.
ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby certify that the above change is necessary for the
proper conduct, administration and performance of essential services of that department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the foregoing ordinance.
This ordinance shall be effective January 2, 2009
It is hereby certified, pursuant to Section 3/19 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
Furthermore, we, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, pursuant of Section 24-15 of the Charter of the City of
Buffalo, hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will
be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance.
PASSED
AYES - 9 NOES - 0
NO 85
BY MR. SMITH
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated:
Felicitation for Thomas J. Leahy
By Councilmember Kearns, Chwalinski
ADOPTED
NO 86
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
Robert Gilray
Deidre L. Brown
TOTAL 2
ADOPTED
NO 87
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:
Charles L. Davis, Sr.
Albert J. Steele
Tracy Ann Caldarella
Rev. Maureen Guevara-Hunte
Richard Harrington
Michaelene Bauer
Tina M. Lebron
Total: 7
ADOPTED
NO 88
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
o’clock A.M.
Committee on Civil Service Tuesday, March 10, 2009 at 9:45
Committee on Finance Tuesday, March 10, 2009 at 10:00 o’clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, March 10, 2009 at 1:00 o’clock P.M.
Committee on Legislation Tuesday, March 10, 2009 at 2:00 o’clock P.M.
Special Committees
Committee on Waterfront
Development Thursday, March 12, 2009 at 6:00 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 89
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mrs. Russell, the Council adjourned at 2:50 P.M.
GERALD CHWALINSKI CITY CLERK
March 3, 2009
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #1
OFFICE OF THE MAYOR-201 CITY HALL
FEBRUARY 19, 2009
Present: Darryl McPherson, City Auditor, Alisa Lukasiewicz, Corporation Counsel, Wilmer Olivencia Jr, Deputy City Clerk
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 February 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-3. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension Fund for the month of February 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-3. Noes-0.
Received and Filed
NO. 3
On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 am a.m.