HomeMy WebLinkAbout10-1228 (2)
NO. 24
PROCEEDINGS
OF THE
CITY OF BUFFALO
DECEMBER 28, 2010
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
DAVID A. FRANCZYK
PRESIDENT PRO TEMPORE
NIAGARA DISTRICT
DAVID A. RIVERA
MAJORITY LEADER
LOVEJOY DISTRICT
RICHARD A. FONTANA
DISTRICT COUNCIL MEMBERS
CURTIS HAYES JR -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, Michael P. Kearns, Richard A. Fontana, Curtis Haynes Jr.,
David A. Rivera -Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Richard A. Fontana, Michael P. Kearns, 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, Curtis Haynes Jr., Michael J. LoCurto, David A. Rivera, Bonnie E.
Russell - Members.
LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael LoCurto,
David Rivera-Members.
RULES COMMITTEE: David A. Franczyk, Chairman, Richard A. Fontana, David A. Rivera - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Richard A. Fontana, Chairman, Michael P. Kearns, Michael J. LoCurto, Bonnie E. Russell -
Members
EDUCATION COMMITTEE: Demone Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr.-Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Richard A. Fontana,
Joseph Golombek Jr., Curtis Haynes Jr. – Members
PARKS OVERSIGHT: Demone A. Smith, Chairman, Richard A. Fontana, Curtis Haynes Jr., Michael P. Kearns, Michael J.
LoCurto - Members
POLICE OVERSIGHT: Richard A. Fontana, Chairman, Curtis Haynes Jr., Michael P. Kearns, 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, Joseph Golombek, Jr, Michael J.
LoCurto, David A. Rivera, members
INVOCATION PLEDGE TO FLAG DATE December 28, 2010
**FINAL**
MAYOR
1. 2010-2011 Capital Budget Veto Message REPASSED
MAYOR – EXECUTIVE
2. Strat Plan-Abandonment/Sale 395 Amherst St(North) APP
3. Strat Plan-Extension of Land Disposition Agmt for “Webster Block” 90 Days APP
4. Strat Plan-Pres Bd Conditionally Approved Application-888 Main St LEG
5. Strat Plan-Report of Sale 1879 Bailey(Lov) APP
6. Strat Plan-Report of Sale 2018 Bailey(Lov) APP
7. Strat Plan-Report of Sale 89 Jewett(Masten) CD
8. Strat Plan-Report of Sale 238 Ontario(North) APP
9. Strat Plan-Report of Sale 657 Woodlawn(Masten) CD
COMPTROLLER
10- 9A Audit Report-Division of Treasury and Collections FIN
11- 10. Appt Associate Accountant(Cont Perm)(Inter)(Fanton) CS
COUNCIL PRESIDENT
12- 11. Rescind Special Session 12/28/2010 R&F
PUBLIC WORKS
13- 12. Notification Serial #10602-10604(waive 45 days) R&F
14- 13. Allied Collection of Recyclable Materials APP
15- 14. Allied Material Processing of Recyclable Goods APP
16- 15. Change in Contract-Schneck Tree Removal Citywide APP
17- 16. Permission to Hire Consultant Fire Stations-Various Structures APP
18- 17. Permission to Hire Consultant 60 Hedley Pl. Reconstruction Phase II(Masten) APP
19- 18. Reduction in Retention Porter Ave Resurfacing Proj(Nia) APP
20- 19. Request to Purchase Equipment APP
21- 20. Response-New Federal Courthouse Address of 2 Niagara Square R&F
22- 21. Trade in of Vehicles APP
POLICE
23- 21A. Approval to Replace Unmarked/Undercover Vehicles in Bflo Police Fleet APP
24- 21B. Seized Vehicle APP
CORPORATION COUNSEL
25- 22. Appt Director of Employee Relations(Exempt)(Price) R&F
PERMITS AND INSPECTIONS
26- 23. Food Store (New) 1146 Hertel (Del) LEG
27- 24. Restaurant Dance Class III 234 Delaware aka 236 Delaware(new owner)(Ell) APP W/COND
28- 25. Second Hand Dealer 465 Niagara (Ell) APP
29- 26. Second Hand Dealer 305 West Ferry(Nia) APP
CITY CLERK
30- 27. Liquor License Applications R&F
31- 28. Notices of Appointment-Seasonal R&F
32- 29. Notices of Appointments- Temp/Prov/Perm CS
MISCELLANEOUS
rd
33- 30. R. Fontana-T. Cone 3-Concers Intersection of Vanderbilt & Benzinger LEG,PW
34- 31. S. Gawhk-Empire State Deve-General Proj Plan-Canalside Land Use Improv Proj_CD
35- 32. Information-Rescue, Rehab & Adaptive Reuse of Statler Towers CD
36- 33. M. Jaskula-V. Laudisio-USPS Recommends Council Approval of
New Courthouse Address of 2 Niagara Square R&F
37- 34. M. Kearns-ECHDC to Begin Grain Elevator Inspection W/FRONT
38- 35. D. Smith-The Schott 50 State Report on Public Ed. And Black Males ED
39- 36. P. Tronolone-Empire State Deve-Richardson Olmsted Ctr Civic and Land Use
Proj Public Hrg R&F
PETITIONS
40- 37. J. Lewis & O-Request Council to Adopt Bflo’s Community Protections
From Natural Gas Extraction Ordinance LEG
RESOLUTIONS
64- 37AA Fontana Ordinance Amendment Chapter 78 Animals APP
65- 37AB Fontana Req to Assign Federal Courthouse Address-2 Niagara Square APP
66- 37AC Fontana Excuse Councilmember Smith From Dec 28, 2010 Council Mtg ADOPT
67- 37A. Franczyk Revise Preservation Code LEG
68- 37B Golombek,etc Ordinance Amendment Chapter 288 Natural Gas
Extraction Prohibition LEG
69- 38. Kearns Appoint Legislative Aide South District(Fisher) ADOPT
70- 39. Smith Project Lockdown LEG
71- 39-1. Smith Req Feasibility Study For a One Way Street Determination on
Pansy Street LEG
72- 39-2. Smith Request Two Yearly Electronic Recycle Days CD, ENVIRO MNGT
73- 40. Smith Ord Amend Ch 197-Responsible Tobacco Product Retailing LEG
74- 41. Smith Comm of Deeds-Public Duties ADOPT
75- 42. Smith Comm of Deeds ADOPT
TABLE ITEMS
------Waterfront Neighborhood Community Development Agreement
(ccp#3, 8/4/2010)
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
41- 1. Com 15 Dec 14 Appt Jr Data Control Clk(Perm)(Inter)(Harding)(Compt) APP
nd
42- 2. Com 23 Dec 14 Appt Supervisor of Street Sanitation I (Perm)(2 Step)(Devoe)(PW) APP
43- 3. Com 32 Dec 14 Appt Assistant Administrator of Pkg (Max)(Kaczmarz)(Parking) APP
44- 4. Com 33 Dec 14 Appt Account Clerk Typist(Perm)(Inter)(Lee)(HR) APP
45- 5. Com 34 Dec 14 Appt Compensation & Benefits Specialist(Perm)(Max)(Machin)(HR) APP
46- 6. Com 40 Dec 14 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F
COMMUNITY DEVELOPMENT
47- 7. No 63 Dec 14 Report of Sale 388 Winslow(Masten)(Strat Plan)(# 3, 11/30) RECOMMIT
48- 8. No 64 Sept 21 Report of Sale-276 Chelsea(Masten)(Strat Plan)(#4,3/30)(#54) RECOMMIT
49- 9. No 65 Sept 21 Report of Sale-42 Colorado(Masten)(Strat Plan)(#5,3/30)(#55,4/13) RECOMMIT
50- 10. No 66 Sept 21 Report of Sale-1606 Jefferson (Masten)(Strat Plan)(#8,10/27)(#76,11/10)
(#77,11/24)(#64,12/22) RECOMMIT
51- 11. No 67 Sept 21 Report of Sale-14 Kehr(Masten)(Strat Plan)(#7,3/30)(#56,4/13) RECOMMIT
LEGISLATION
52- 12. Com 25 Dec 14 Food Store License(New)-912 E. Delavan(Mas)(EDPI) RECOMMIT
53- 13. Com 26 Dec 14 Food Store License(New)-389 Grider(Mas)(EDPI) RECOMMIT
54- 14. Com 27 Dec 14 Food Store License(New)-309 Husdon(Ell)(EDPI) APP
55- 15. Com 28 Dec 14 Food Store License(New)-2319 Main(Mas)(EDPI) RECOMMIT
56- 16. Com 29 Dec 14 Food Store License(New)-1675 South Park(South)(EDPI) APP
57- 17. Com 31 Dec 14 Used Car Dealer-2208 Elmwood(North)(EDPI) APP
58- 18. No 43 Dec 14 G. Chwalinski-W. Skretny Request to Assign Federal Courthouse Mailing
Address of 2 Niagara Sq. R&F
59- 19. No 48 Dec 14 M. Kearns-Snow Removal Complaints R&F
60- 20. No 51 Dec 14 J. Allen, Agent, Use 1600 Hertel for a Pole Sign(Del)(no pub hrg) RECOMMIT
61- 21. No 75 Nov 16 Ohl & O-Establish Alternate Pkg on S. Ogden Btwn Clinton & Griswold for
Winter Months(#53,11/3) R&F
62- 22. No 43 Sept 21 K. Kinder-List of Properties Maintained by COB Div of Parks & Recreation R&F
63- 23. No 54 June 22 M. Kearns-Non Partisan Elections Approved in California R&F
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, DECEMBER 28, 2010
AT 2:00 P.M.
Present – David A. Franczyk, President of the Council, and Councilmembers: Fontana, Golombek Jr, Haynes Jr, Kearns, LoCurto, Rivera,
Russell –8
Absent –- Smith - 1
On a motion by Mr. Fontana, Seconded by Mr. Rivera, the minutes of the stated meeting held on December 14, 2010 were approved.
FROM THE MAYOR
NO. 1
2010-2011 CAPITAL BUDGET VETO MESSAGE
I have reviewed the Common Council's action on the 2010-2011 Capital Budget and hereby sustain and approve five of the Common
Council's additions while objecting to the remaining one as outlined below.
In accordance with §20-26 of the City Charter, I hereby veto and object to the following Common Council addition to my 2010-2011
recommended Capital Budget:
OBJECTIONS PURSUANT TO §20-26 OF THE CITY CHARTER
• Nevilly Court Field Turf Installation Project ($450,000)
However I hereby approve and sustain the following Common Council additions:
SUSTAINED COMMON COUNCIL ADDITIONS
• Richmond Street Lighting (Symphony Circle to Forest) ($300,000);
• Masten District Infrastructure Improvements (Sidewalks- Fernhill & MapleRidge Streets
$187, 632 and Reconstruction to Viola Circle Park Islands $66,000) ($253,632);
• Lovejoy District Streetscapes (East Delevan and Clinton from Bailey Ave to City Line) ($400,000);
• North Buffalo Hockey Rink Improvements (Locker Room expansions and improvements to include modernization of locker
room area, new lockers and layout revision)($321,000);
Genesee Gateway Streetscape Improvements (Curbs, Sidewalks, Signage, Lighting and Landscaping) ($150,000)
I did not include funding in my recommended capital budget and I object to the largest Common Council addition of $450,000 for the
Nevilly Court Field Turf Installation Project because I believe it is not a fiscally-prudent expenditure. Per the recent parks transfer, the City
of Buffalo is now responsible for maintaining 104 additional buildings, structures and facilities, in addition to the 186 parks, fields, and
public spaces for a total of 290 Parks assets. Ideally, while I would certainly want to support new fields or facilities in every community
within the City of Buffalo; the financial realities dictate that our focus must be geared toward maintaining and improving our existing
inventory during these difficult fiscal times. Therefore, without the availability of significant resources from the Federal and State
Governments, the City of Buffalo simply cannot afford to increase our inventory. It must be noted that no Federal or State funding has
been committed to this project. I would certainly be open to diverting the $450,000 identified by tile Common Council for the Nevilly Court
project to improvements to an existing facility or facilities in the South Council District which will achieve an immediate impact such as the
Cazenovia Pool, the Cazenovia Park Casino, the Southside Firehouse containing Engine 25 and Ladder 10, or infrastructure
improvements to streets such as Abbott Road, McKinley Parkway, Seneca Street, or South Park.
Furthermore, it must be stated that although I did not object to additions for planning and infrastructure funding related to the Nevilly Court
project in last year's capital budget, I did so reluctantly based on the promise of the South District Councilmember that significant State
and Federal resources would be allocated for this project. As previously stated, no State or Federal funds have been committed to this
project to date.
Therefore, for the foregoing reasons I hereby veto and object to the Common Council's largest addition of $450,000 for the Nevilly
Court Field Turf Installation Project, and return the 2010-2011 Capital Budget to the City Clerk (without objection to the remaining five
Common Council additions) in accordance with Article 20 of the City Charter.
Byron W. Brown
Mayor
Mr. Fontana moved:
That the Common Council hereby overrides the Mayor’s veto of its $450,000 addition to the Capital Budget for the Nevilly Court Field
Turf Installation Project and restores said addition to the City’s 2010-2011 Capital Budget.
REPASSED
AYES – Fontana, Franczyk, Haynes, Kearns, LoCurto, Rivera 6
NOES – Golombek, Russell 2
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 2
STRAT PLAN-ABANDONMENT/SALE 395 AMHERST ST (NORTH)
Abandonment/Sale 395 Amherst Street, 92' E Grant Lot Size: 38' x 150'
Assessed Valuation: Land $8,100.00 Total $134,600.00 (North District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Gregory J. Nikiel of Hook and Ladder #12
Restoration, LLC, 122 East Grand Boulevard, Cheektowaga, New York 14225 to purchase the former firehouse. Mr. Nikiel intends to
renovate the first floor for his remodeling/contracting business; renovate the second floor for his residence; and maintain the architectural
integrity of the exterior of the former firehouse. Mr. Nikiel has submitted his plans and proof of financing for the acquisition and renovation
of the former firehouse.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
An independent appraisal of the property was conducted by Mr. Walter Allen of G.A.R. Associates. He has estimated the Fair Market
Value of 395 Amherst Street to be One Hundred Thousand Dollars ($100,000.00). The City of Buffalo Appraisal Review Board concurs
with the Appraiser's estimate of value.
Mr. Gregory Nikiel has agreed and is prepared to pay One Hundred Thousand Dollars ($100,000.00). He has also agreed to pay for the
title search, survey, transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 395 Amherst Street to Mr. Gregory Nikiel of Hook and Ladder #12
Restoration, LLC in the amount of One Hundred Thousand Dollars ($100,000.00) upon the above terms and conditions. I am further
recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated December 20, 2010, be received and filed; and
That the offer from Mr. Gregory J. Nikiel of Hook and Ladder #12 Restoration, LLC, 122 East Grand Boulevard, in the sum of One
Hundred Thousand Dollars ($100,000.00) for the purchase of 395 Amherst Street, be and hereby is accepted upon the above terms and
conditions; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 8 NOES – 0
NO. 3
STRAT PLAN-EXTENSION OF LAND DISPOSITION AGMT FOR “WEBSTER BLOCK” 90 DAYS
I hereby request that your Honorable Body authorize the Mayor to execute an agreement extending the land disposition agreement entered
into between the City of Buffalo and the Erie Canal Harbor Development Corporation ("ECHDC") solely for the transfer and conveyance of
the property identified as parcel 6 on the Exhibit "A" of the original land transfer request filed with the Common Council and consisting of
1.9 acres, commonly known as the Webster Block, and bounded by Main Street, Perry Street, Washington Street, and Scott Street
(hereinafter "the Property"). The extension agreement would allow HSBC Bank USA, N.A. until March 31,2011 to inform the Mayor of
Buffalo and the Buffalo Common Council of the selection of the Property for the construction of a new facility primarily for the
professional/administrative and/or back office functions of HSBC Bank USA, NA. All other material terms and conditions set forth in the
item unanimously approved by this Honorable Body on August 5, 2010 would remain the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated December 23, 2010, be received and filed; and
That the Mayor be, and he hereby is authorized to execute an agreement extending the land disposition agreement for "Webster Block"
for 90 days, entered into between the City and the Erie Canal Harbor Development Corporation. All other material terms and conditions
set forth in the item unanimously approved by this Honorable Body on August 5, 2010 would remain the same.
PASSED
AYES - 8 NOES - 0
NO. 4
STRAT PLAN-PRES BD CONDITIONALLY APPROVED APPLICATION-888 MAIN ST
Dear Mr. Kohler:
I am writing to inform you that the Buffalo Preservation Board conditionally approved your application at its November 18, 2010 meeting.
Please see the attached Certificate of Appropriateness that outlines the conditions of approval. You may post the certificate at the job site
and retain a copy for your records.
Please note that a Certificate of Appropriateness is NOT a building permit, and that all necessary buildings permits must first be obtained
before beginning work. Please feel free to contact me if you have any questions at mbrozek@city-buffalo.com or (716) 851-5029.
Sincerely,
Michele Brozek Knoll
Senior Planner
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 5
START PLAN-REPORT OF SALE 1879 BAILEY(LOV)
Report of Sale 1879 Bailey, 213.10' N Walden Lot Size: 30'x 120'
Assessed Valuation: Land $2,000.00 Total $5,000.00 (Lovejoy District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Ahmed F. Mohamed, 592 Walden Avenue,
Buffalo, New York 14211 to purchase 1879 Bailey. Mr. Mohamed intends to renovate and reside at the dwelling. The estimated cost of
renovations is Fourteen Thousand Five Hundred Dollars ($14,500.00). He has provided proof of financial ability to complete the purchase
and repair of the property.
The property consists of 1,366 square feet, One and one half story frame, one family dwelling in poor condition situated on a lot 30' x
120'. The property was acquired by the City through In Rem #41 in October 2007. There have been no other serious offers for the
property, since being acquired by the City.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales range from Two Dollars and Fifty
Seven Dollars ($2.57) to Four Dollars ($4.75), per square foot of living area.
Mr. Mohamed has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500.00), Two Dollars and Fifty Seven Cents
($2.57) per square foot of living area for the subject property. He has also agreed to pay for the cost of the transfer tax and recording
fees.
Mr. Mohamed has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500.00). He has also agreed to pay for the
cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 1879 Bailey Avenue to Mr. Ahmed Mohamed in the amount of Three
Thousand Five Hundred Dollars ($3,500.00). I am further recommending that the Office of Strategic Planning prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated December 20, 2010, be received and filed; and
That the offer from Mr. Ahmed F. Mohamed, residing at 592 Walden Avenue, in the sum of Three Thousand and Five Hundred Dollars
($3,500.00) for the purchase of 1879 Bailey, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 8 NOES - 0
NO. 6
STRAT PLAN-REPORT OF SALE 2018 BAILEY (LOV)
Report of Sale 2018 Bailey, 42.60' S Doat Lot Size: 70' x 113'
Assessed Valuation: $7,900.00 (Lovejoy District)
The Office of Strategic Planning, Division of Real Estate has received a request from Deacon Robert E. Nevins of Bethlehem Missionary
Baptist Church, 165 Doat Street, Buffalo, New York 14211 to purchase 2018 Bailey Avenue. Bethlehem Missionary Baptist Church is
adjacent to 2018 Bailey. They intend to use the vacant lot for parking and recreation for their church.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The purchaser commissioned Klauk, Lloyd & Wilhelm, Appraisal Inc. to estimate the Fair Market Value of the subject property. They have
estimated the Fair Market Value to be Seven Thousand Nine Hundred Dollars ($7,900.00). The City of Buffalo Appraisal Review Board
reviewed the appraisal report and concurs with the Appraiser's estimate of value.
Bethlehem Missionary Baptist Church has agreed and is prepared to pay Seven Thousand Nine Hundred Dollars ($7,900.00) for the
subject property. They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 2018 Bailey to Bethlehem Missionary Baptist Church in the amount of
Seven Thousand Nine Hundred Dollars ($7,900.00). I am further recommending that the Office of Strategic Planning prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated December 21, 2010, be received and filed; and
That the offer from Deacon Robert E. Nevins of Bethlehem Missionary Baptist Church, 165 Doat Street, in the sum of Seven Thousand
and Nine Hundred Dollars ($7,900.00) for the purchase of 2018 Bailey, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 8 NOES - 0
NO. 7
STRAT PLAN-REPORT OF SALE 89 JEWETT(MASTEN)
Report of Sale 89 Jewett, 210' E Halbert Lot Size: 30' x 75'
Assessed Valuation: $2,100.00 (Masten District)
The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Stephanie L. Randall, 91 Jewett Avenue,
Buffalo, New York 14214 to purchase 89 Jewett Avenue. Ms. Randall owns and resides at 91 Jewett, which is adjacent to 89 Jewett. She
intends to use the vacant lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Cents ($.40) to Seventy
Five Cents ($.75), per square foot. Ms. Randall has agreed and is prepared to pay One Thousand Seven Hundred Dollars ($1,700.00),
Seventy Five Cents ($.75) per square foot for the subject property. She has also agreed to pay for the cost of the transfer tax and
recording fees.
I am recommending that Your Honorable Body approve the sale of 89 Jewett to Ms. Stephanie Randall in the amount of One Thousand
Seven Hundred Dollars ($1,700.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents
for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 8
STRAT PLAN-REPORT OF SALE 238 ONTARIO (NORTH)
Report of Sale - 238 Ontario Street Former School No. 60 Lot Size: 140 x 371
Assessed Value Land: $ 66,300 Improvements: $1,270,700 Total: $1,337,000
The Office of Strategic Planning, Division of Real Estate has received an offer from Gillian Conde, vice-President of DePaul Properties
Inc. to acquire 238 Ontario Street, former School 60.
DePaul Properties, Inc. intend to acquire and re-develop the former School No. 60 in to Sixty (60) Affordable Housing Rental Units.
Application to the Department of Housing and Community Renewal (DHCR) for project financing will be made in January of 2011 and the
purchase offer is contingent upon obtaining DHCR financing.
The former school consists of a 90,000 sq. ft. four story brick building, situated on a lot having 140 feet of frontage on Ontario and
parking lot off Troy Alley. The school was abandon by the City of Buffalo Board of Education in 2005 for school purposes and is in fair to
poor condition.
In accordance with Article 27-5 of the City Charter, Sale by Appraisal, DePaul Properties Inc. commissioned Gerald Schmitt, Real Estate
Appraiser from GAR Associates. Mr. Schmitt has estimated the Fair Market Value of 238 Ontario to be One Hundred Eighty Thousand
Dollars, ($180,000.00). The City of Buffalo Appraisal Review Board has reviewed the appraisal report and has recommended the
appraiser's estimate of value.
The purchaser has agreed to purchase the property "as is"; apply for all necessary permits and approvals for the re-development of the
property; and pay for the transfer tax and recording fees. The City of Buffalo will not provide up-dated title search or survey for the
property. The City will transfer the property by quit claim deed.
I am recommending that Your Honorable Body approve the sale of former School No. 60 located at 238 Ontario Street and the transfer of
title to DePaul Properties, Inc. in the amount of One Hundred Eight Thousand Dollars ($180,000.00) contingent upon DePaul Properties,
Inc. obtaining project financing through the Department of Housing and Community Renewal.
I am further recommending that the Corporation Counsel prepare the necessary documents for the purchase and transfer of title upon the
above mentioned terms and conditions and that the Mayor be authorized to execute the same.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated December 21, 2010, be received and filed; and
That the offer from Gillian Conde, Vice-President of DePaul Properties Inc., in the sum of One Hundred and Eighty Thousand Dollars
($180,000.00) for the purchase of former School No. 60 located at 238 Ontario Street, be and hereby is accepted upon DePaul
Properties, Inc. obtaining project financing through the Department of Housing and Community Renewal; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and the purchaser has agreed to
purchase the property "as ";
That the Office of Strategic Planning and/or the Corporation Counsel be and they hereby are authorized to prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same, in accordance with the terms of sale upon which
the offer was submitted.
PASSED
AYES - 8 NOES - 0
NO. 9
STRAT PLAN-REPORT OF SALE 657 WOODLAWN (MASTEN)
Report of Sale 657 Woodlawn, 314' W Fillmore Lot Size: 30' x 103'
Assessed Valuation: $1,000.00 (Masten District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. James J. Poole and Mrs. Deborah S. Poole,
651 Woodlawn Avenue, Buffalo, New York 14211 to purchase 657 Woodlawn Avenue. Mr. and Mrs. Poole own a two family dwelling at
653 Woodlawn Avenue, which is adjacent to 657 Woodlawn. They intend to use the vacant lot for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the
purchasers.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to Sixty
Cents ($.60), per square foot. Mr. and Mrs. Poole have agreed and are prepared to pay One Thousand Seven Hundred Dollars
($1,700.00), Fifty Five Cents ($.55) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax
and recording fees.
I am recommending that Your Honorable Body approve the sale of 657 Woodlawn to Mr. and Mrs. Poole in the amount of One Thousand
Seven Hundred Dollars ($1,700.00). I am further recommending that the Office of Strategic Planning prepare the necessary documents
for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMPTROLLER
NO. 10
AUDIT REPORT - DIVISION OF TREASURY AND COLLECTIONS
Attached please find an audit report on the Division of Treasury and Collections. The audit covers the period January 1, 2010 through
June 30, 2010 and examines the Division of the Treasury's processes for receiving, recording and receipting cash and cash equivalents.
This review covered the Treasury's Cash Management, Internal Controls, and Trust & Agency Fund Management. It did not cover the
Collections area within Treasury. This review is the first after perhaps a dozen years.
Overall, our findings were quite positive and we are encouraged by the professionalism and proficiency of the Treasury operation. It is a
compliment to the Commissioner, the Director and the administration that such a vital City function is managed so well. While we did
make some recommendations, it cannot be denied that this is a well run area within City Hall.
Our thirteen recommendations were specifically addressed in the Division's response which is also attached. They are in the midst of
making or have already completed a number of them. The Audit found no material discrepancies in the amount of monies reported. All
required records were made available to our Audit Team. This Audit represents the first comprehensive review of the Treasury Division's
operations in perhaps a dozen years. It should be duly noted that the Treasury is run in a professional manner and the system of internal
controls is highly effective. While there is always room for improvement, especially in light of emerging technologies, we find that the
Division's methods for receiving, recording and receipting cash and cash equivalents are sufficient and afford more than a reasonable
level of comfort.
We thank the Commissioner and the Director for their cooperation with the production of the audit. We extend our appreciation for the
Division's continued efficiency and make note that much of it is possible by virtue of the efforts of the retiring Treasury Administrator. Her
contribution to the City of Buffalo has been truly invaluable.
If you have any further questions on this matter, please feel free to contact the Department of Audit and Control.
Copy available for review in the City Clerk’s Office
REFERRED TO THE COMMITTEE ON FINANCE
NO. 11
APPT ASSOCIATE ACCOUNTANT (NOT PERM)(INTER)(FANTON)
CERTIFICATE OF APPOINTMENT
Appointment Effective December 9, 2010 in the Department of Audit and Control Division of Accounting to the Position of Associate
Accountant Contingent Permanent Appointment Intermediate Starting Salary of $46,562.
Richard J. Fanton, 193 W. Woodside Avenue, Buffalo NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PRESIDENT OF THE COUNCIL
NO. 12
RESCIND SPECIAL SESSION 12/28/2010
December 21, 2010
Mr. Wilmer Olivencia, Jr
Deputy City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Olivencia:
Upon the written request of Five Councilmembers, dated December 21, 2010 presented to you herewith, I hereby rescind The Special
Meeting of the Common Council that was scheduled for December 21, 2010 at 1:30 PM. This is due to unforeseen circumstances.
Michael P. Kearns
Curtis Haynes Jr.
David Rivera
Richard A. Fontana
Michael J. LoCurto
Yours very truly,
David A. Franczyk
President of the Council
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 13
NOTIFICATION SERIAL #10602-10604 (WAIVE 45 DAYS)
Notification Serial # 10602
Permissive Parking – Repeal on Genesee Street, south side between Ellicott Street
and East Chippewa Street ( Ellicott District)
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable
Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days after the first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom
the following: PERMISSIVE PARKING
PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY
Genesee Street, south side 2 hour parking
Between Ellicott Street 7 a.m. to 7 p.m.
And East Chippewa Street Except Sunday
This action is being taken to install metered parking near a newly renovated building at Genesee and Oak Streets where there is a
anticipated demand for additional on-street parking. (see next two serials)
Notification Serial # 10603
Install Metered Parking on Genesee Street, south side between Ellicott Street
and Oak Street (except No Standing and No Parking areas) ( Ellicott District)
METERED PARKING – INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable
Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days after the first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the
following: METERED PARKING
METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING
Genesee Street, south side 2 Hour Maximum Rate C
Between Ellicott Street 8 a.m. to 5 p.m. $1 per hour
And Oak Street Except Saturday and Sunday
(except No Standing and No Parking areas)
This action is being taken to install metered parking near a newly renovated building at Genesee and Oak Streets where there is a
Anticipated demand for additional on-street parking. (see previous and next serial)
Notification Serial # 10604
Install Metered Parking on Genesee Street, north side between Oak Street
and East Chippewa Street (except No Standing and No Parking areas) ( Ellicott District)
METERED PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your Honorable
Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days after the first Council meeting at which they appear on the agenda as an item business.
That that part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the
following: METERED PARKING
METERED PARKING LOCATION PERIOD OF METERED PARKING RATE OF METERED PARKING
Genesee Street, north side 2 Hour Maximum Rate C
Between Oak Street 8 a.m. to 5 p.m. $1 per hour
And East Chippewa Street Except Saturday and Sunday
(except No Standing and No Parking areas)
This action is being taken to install metered parkng near a newly renovated building at Genesee and Oak Streets where there is a
anticipated demand for additional on-street parking. (see previous two serials)
RECEIVED AND FILED
NO 14
ALLIED COLLECTION OF RECYCLABLE MATERIALS
I hereby respectfully request from Your Honorable Body permission to continue on a month-to-month basis with the City of Buffalo's
existing recycling contract ($153,020.69) with Allied while our new contract is being finalized.
Your consideration toward this request is greatly appreciated.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 10, 2010 be received and
filed; and
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to continue on a month-to-month basis with the
City's existing recycling contract ($153,020.69) with Allied Waste Services of North America, LLC.
Copy available for review in the City Clerk’s Office
PASSED
AYES - 8 NOES - 0
NO. 15
ALLIED MATERIAL
PROCESSING OF
RECYCLABLE GOODS
I hereby request permission from Your Honorable Body, effective January I, 2011, to extend the current contract between the City of
Buffalo and Allied for the processing of recyclable materials on a month-to-month basis not to exceed six (6) months under the same
terms of the existing contract.
Presently, the City receives $i0.00 per ton for recyclable materials.
(Please See Attachment)
Your consideration toward this request is greatly appreciated.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 11, 2010 be received and
filed; and
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to extend the current contract between the City
and Allied Waste Services of North America, LLC for the processing of recyclable materials on a month-to-month basis for a period not to
exceed six (6) months under the same terms of the existing contract.
PASSED
AYES - 8 NOES - 0
NO. 16
CHANGE IN CONTRACT
CONTRACT #93000264, SCHNECK TREE REMOVAL CITYWIDE
I hereby submit to Your Honorable Body the following change order for emergency tree removals citywide:
Original Base Contract Amount: $444,860.40
Previous Change Orders 80,810.70
This Change Order (C02): $ 71,220.48
Total Contract $596,891.58
I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body
approve the subject change order and authorize the Commissioner of Public Works, Parks and Streets to issue said change order to
Schneck Tree Removal for $71,220.48. Funds for this work are available in Capital Account(s) 38400206, 303111506 and account(s) to
be named at a later date.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 9, 2010, be received and
filed, and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order C02, to Schneck Tree
Removal, an increase in the amount of $71,220.48, as more fully described in the above communication, for work relating to emergency
tree removals citywide, Contract #93000264. Funds for this project are available in Capital Account(s) 38400206, 303111506 and
account(s) to be named at a later date.
PASSED
AYES - 8 NOES - 0
NO. 17
PERMISSION TO HIRE CONSULTANT
FIRE STATIONS - VARIOUS
STRUCTURAL ANALYSIS
JOB #1075
VARIOUS DISTRICTS
Permission is hereby requested from Your Honorable Body to retain a consultant to conduct Structural Analysis for Various Fire Stations
and to prepare a report with recommendations. The structural analysis is required to analyze the bay floors that will be housing the new
fire equipment to ensure that the existing floors can handle the weight.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2010 be received and
filed; and
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to retain a consultant to conduct Structural
Analysis for Various Fire Stations Job #1075 and to prepare a report with recommendations.
PASSED
AYES - 8 NOES - 0
NO. 18
PERMISSION TO HIRE CONSULTANT
60 HEDLEY PLACE
RECONSTRUCTION, PHASE II
JOB #1063
MASTEN DISTRICT
Permission is hereby requested from Your Honorable Body to retain a consultant to prepare plans and specifications and provide
construction assistance for 60 Hedley Place, Reconstruction, Phase II. This project was approved as part of the Capital Improvement
Plan. Funds are available in the Division of Buildings.
The estimated consultant budget is $100,000.00
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 14, 2010 be received and
filed; and
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to retain a consultant to prepare plans,
specifications and provide construction assistance for 60 Hedley Place, Reconstruction, Phase II. Funds for this project are available in
the Division of Buildings.
PASSED
AYES - 8 NOES - 0
NO. 19
REDUCTION IN RETENTION
PORTER AVENUE RESURFACING PROJECT
DESTRO & BROTHERS CONCRETE CO, INC.
CONTRACT # 93000556
NIAGARA DISTRICT
This is to request from your Honorable Body for authorization of a reduction in the retention for the Porter Avenue Resurfacing Project.
This is a Federal and State funded project and as per direction of NYSDOT, City should not retain a typical 5% from contractor until the
project completion.
The project is about 70% complete and as per City's agreement with contractor that stating the retention will be re released as contractor
complete certain milestone.
Therefore, I am requesting your honorable Body's authorization Commissioner of the Public Works, Parks and Street to reduce the
retention on this contract from 5% to 1%. It is the opinion of this Department that the retention proposed is sufficient to guarantee
completion of this contract.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 21, 2010, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reduce the retention from 5% to 1% to
Destro & Brothers Concrete Co., Inc. for the Porter Avenue Resurfacing Project, Contract #93000556.
PASSED
AYES - 8 NOES - 0
NO. 20
REQUEST TO PURCHASE EQUIPMENT
Provide & Install 8 Stainless Steel Animal transport cages
onto City's existing cargo van for Animal Control Staff
Total $14,000.00
Funds to come out of the 15203007-474100
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 13, 2010. be received and
filed; and
That the Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are authorized to purchase
the above listed equipment for a total of $14.000.00. Funds for the purchases are available in the 15203007-474100.
PASSED
AYES - 8 NOES - 0
NO. 21
M. JASKULA
NEW FEDERAL COURTHOUSE
2 NIAGARA SQUARE
CCP #43; 12/14/10
Dear Mark:
This letter is in response to your letter of December 16, 2010 regarding the above mentioned Council item. This item has been reviewed
by the Department of Public Works Parks & Streets and finds no objection their request.
If you should require additional information, please do not hesitate to contact me
at 851-5636.
Attachment
(ss121710.doc)
RECEIVED AND FILED
NO. 22
TRADE IN OF VEHICLES
THE DEPARTMENT OF PUBLIC WORKS, DIVISION OF WATER, IS REQUESTING PERMISSION TO TRADE IN THE LISTED
BELOW VEHICLES FOR THE PURCHASE OF (7) NEW LIGHT DUTY PICK-UP TRUCKS WITH FUNDS FROM VEOLIA WATER
COMPANY. THIS IS IN ACCORDANCE WITH THTE VEHICLE PLAN AS APPROVED BY THE DIVISION OF WATER. THE NEW
LIGHT DUTY PICK-UP TRUCKS WILL BE USED FOR THE REPAIR & MAINTENANCE OF THE WATER DISTRIBUTION
SYSTEM.
TRADE IN OF W160 - 1994 CHEVY PICK-UP C2500
TRADE IN OF W161 - 1994 CHEVY PICK-UP C2500
TRADE IN OF W179 - 1997 CHEVY 4 X 4 3500 ¾ TON DUMP
TRADE IN OF W188 - 1998 CHEVY G2500 VAN
TRADE IN OF W189 - 1998 CHEVY G2500 VAN
TRADE IN OF W193 - 1999 FORD E250 VAN
TRADE IN OF W195 - 1999 FORD E250 VAN
TRADE IN OF W197 - 1999 FORD E250 VAN
TRADE IN OF W205 - 2001 FORD E350 VAN
TRADE OF W209 - 2004 CHEVY 4 X 4 SILVERADO PICK-UPEXT CAB
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 22, 2010, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets and the Director of Water be, and they hereby are authorized to trade-in the
above listed vehicles and that authorization for the purchase of new vehicles be reported to this Council for its consideration once said
vehicles have been .identified, together with the procurement method utilized for said purchases
PASSED
AYES - 8 NOES - 0
FROM THE COMMISSIONER OF POLICE
NO. 23
APPROVAL TO REPLACE UNMARKED/UNDERCOVER VEHICLES IN THE
BUFFALO POLICE DEPARTMENT FLEET
I hereby submit to Your Honorable Body a request to update the Buffalo Police Department fleet utilizing current drug asset forfeiture
funds. The Police Department hereby requests approval from your Honorable Body to purchase up to twelve (12) used, unmarked
vehicles to be utilized by the Narcotics/Vice Unit. These vehicles will encompass various years, makes and models, will replace twelve
(12) existing unmarked vehicles that have become unserviceable and/or "stale'(have become recognized as an undercover vehicle),
therefore requiring periodic replacement, and will enhance/improve the overall effectiveness of the Buffalo Police Department fleet.
The replacement vehicles will be used by undercover officers that work covert narcotics and vice operations and this purchase will give
the department the ability to provide officers with the tools necessary to carry out these undercover operations and deal with the criminal
element within the City of Buffalo. As stated, these twelve (12) vehicles will replace twelve (12) existing vehicles that will be eliminated
(auctioned) after the purchase is completed. As a result, there will be no increase to the overall fleet size or marked/unmarked
composition from this purchase of vehicles nor will they be assigned for take-home use.
If you have any questions or concerns, please contact me at 851-4571.
Thank you in advance for your cooperation and expediency in addressing this matter.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated December 23, 2010, be received and filed; and
That the Commissioner of Police and the Director of Purchase, be and they hereby are authorized to purchase the above listed vehicles
and equipment upon the condition that there be no increase in the number designated as authorized for take-home use.
PASSED
AYES - 8 NOES - 0
NO. 24
SEIZED VEHICLES
The Buffalo Police Department hereby requests permission from your honorable body to utilize current drug asset forfeiture funds to
cover administrative/seizure fees to the U.S .Marshalls Office for one vehicle seized by the Buffalo Police Department. The vehicle is a it
must be assigned for a law enforcement purpose as mandated through the Drug Asset Forfeiture guide book, will be utilized in future
undercover operations, and will not be used as a take home vehicle. The total funds to be spent to cover the fees will be $1,981.87.
If you have any questions, please contact me at 851-4571.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated December 23, 2010, be received and filed; and
That the Commissioner of Police and the Director of Purchase, be and they hereby are authorized to purchase, the above listed vehicle
upon the condition that there be no increase in the number designated as authorized for take-home use a total cost of $1,981.87.
PASSED
AYES - 9 NOES - 0
FROM THE CORPORATION COUNSEL
NO. 25
APPOINT DIRECTOR OF EMPLOYEE RELATIONS(EXEMPT)(PRICE)
Appointment Effective December 13, 2010 in the Department of Law to the position of Director of Labor Relations, exempt at the
minimum salary of $80,000.00
Omar R. Price, 29 Hempstead Avenue, Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 26
FOOD STORE (NEW)
1146 HERTEL(DELAWARE)
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 1146 Hertel (FAMILY MART/MOHAMMED ALI MAHDI AL JEBORI) 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 Collection 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. 27
RESTAURANT DANCE CLASS III
234 DELAWARE AVE AKA 236 DELAWARE
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 234 Delaware Avenue aka 236 Delaware, db, Purple Monkey Tropical Pub, 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 Jeffrey
Roe. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Department of Permit and Inspection Services, dated December 20, 2010, be received and filed;
and
That pursuant to Chapter 150 of the City Code, the Director of Permit and Inspection Services be, and he hereby is authorized to grant a
Restaurant Dancing
Class III License to Jeffrey Roe d/b/a Purple Monkey Tropical Pub located at
234 Delaware Avenue on the conditions that there be no co-mingling patrons 21 years of age and other and under 21 years of age when
the activity permitted by the license is taking place.
PASSED
AYES - 8 NOES - 0
NO. 28
SECOND HAND DEALER
465 NIAGARA (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second
Hand Dealer License located at 465 Niagara and find that as to form is correct. I have caused an investigation into the premises for which
said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire
Department and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by
the Police Department into the moral character of Christie Walker. The attached thereto for Christie Walker d/b/a/Injaz Exchange• 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 Inspection Services dated December 21,
2010, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he
hereby is authorized to grant a Second Hand Dealer License to Christie Walker, d/b/a Injaz Exchange located at
465 Niagara Street
PASSED
AYES - 8 NOES - 0
NO. 29
SECOND HAND DEALER
305 WEST FERRY (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second
Hand Dealer License located at 305 West Ferry and fund that as to form is correct. I have caused an investigation into the premises for
which said application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office,
Fire Department and Building Inspections. I feel it complies with all regulations and other applicable laws. I have caused an investigation
by the Police Department into the moral character of Dave McNichok. The attached thereto for Dave McNichol d/b/a/SEI Aaron's. 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 Inspection Services dated December 22,
2010, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he
hereby is authorized to grant a Second Hand Dealer License to Dave McNichol, d/b/a SEI Aaron's located at 305 West Ferry.
PASSED
AYES - 8 NOES - 0
FROM THE CITY CLERK
NO. 30
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
1122 Hertel Ave The Last Laugh Sam 7 Buffalo
454 pearl Street The Blue buffalo Alsrhb Hospitality LLC
75 West Chippewa Pure Phez Entertainment
RECEIVED AND FILED
NO. 31
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment effective December 13, 2010 in the department of Public Works, Division of Parks to the position of Laborer II, Seasonal at
the flat starting salary of $ 11.87/hr
Gordon Leigh Dean, Sr, 376 Urban St, Buffalo, NY 14211
Efrain Padilla, 36 Heward Ave, Buffalo, NY 14207
CERTIFICATE OF APPOINTMENT
Appointment effective December 14, 2010 in the department of Public Works, Division of Parks to the position of Laborer II, Seasonal at
the flat starting salary of $ 11.87/hr
James Legrand, 48 Glenwood Avenue, Buffalo, NY 14208
NO. 32
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 12/13/2010 in the Department of Audit and Control, Division of Accounting to the position of Senior Accountant,
Temporary appointment at the First step of $44,790.00
Rachael Cox, 286 East St, Buffalo, NY 14207
CERTIFICATE OF APPOINTMENT
Appointment effective December 20, 2010 in the Department of Parking, Division of Parking Enforcement to the position of Parking
enforcement Officer, Permanent Open competitive at the minimum salary of $22,070.00
Jumanne Pitts, 265 Vorhees Ave # 1B, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment effective December 8, 2010 in the Department of Public Works, Parks and Streets, Division of Buildings to the position of
Senior First Class Stationary Engineer, Temporary at the Flat Salary of $15.00/hour
Brian Leonard, 34 Ward Court, Buffalo, NY 14220
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 33
R. FONTANA-CONCERNS-INTERSECTION VANDERBILT AND BENZINGER
Mr. Chwalinski:
Please file the attached item for the upcoming meeting of the Common Council on December 28, 2010.
Thank you.
Sincerely,
Richard A. Fontana Majority Leader
Tommy Cone •
Wednesday, September 01, 2010 7:12 PM
Councilmember Fontana
Putting a Four way stop signs at the corner of Vanderbilt St and Benzinger St in Lovejoy
Dear Mr. Fontana,
The intersection of Vanderbilt Street and Benzinger Street in Lovejoy is a dangerous intersection. I moved into 78 Vanderbilt Street four
years ago. The first night I moved in, I was awoken to an accident on the corner, a tow truck hit a truck passing through the intersection.
Every day I hear the horns of people going through the intersection who almost get into accidents. I seen about 5 accidents in my time
here. I've witnessed many other near accidents. There are not nearly as many accidents on other intersections, such as the corners of
Ideal Street and Vanderbilt Street, as well as Gorski Street and Vanderbilt Street. I have a little girl, and I fear for her safety at this
intersection. Going east and west there are no stop signs, north and south there are. But given the surrounding streets there is no way to
tell that. All the surrounding intersections have four way stops. I especially am fearful for friends and family who come to visit me and
other neighbors because they don't know who has stop signs and who doesn't. I am asking that 2 additional stop signs be put in the east
and west locations. I am prepared to go door to door and get signatures if it comes to this, but I am confident in you that you can get this
done without having to resort to petitioning. Thank you for your time.
Most Sincerely,
Thomas R Cone 3rd
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DEPARTMENT OF PUBLIC WORKS
NO. 34
S. GAWLIK-
GENERAL PROJECT PLAN - CANALSIDE LAND USE IMPROVEMENT PROJECT
Dear Mr. Chwalinski:
Pursuant to Sections 10 and 16 of the Urban Development Corporation Act, enclosed for filing with the City Clerk's Office is a copy of the
General Project Plan which was adopted on December 18, 2009 and affirmed on December 16, 2010 by the Board of Directors of the
Urban Development Corporation d/b/a Empire State Development Corporation/"ESDC").
Please feel free to contact me at 716-846-8257 should you have any questions.
REFERRED TO THE COMMITTEE ON CONMUNITY DEVELOPMENT.
NO. 35
INFORMATION-RESCUE, REHAB & ADAPTIVE REUSE OF STATLER TOWERS
Item available for review in the City clerk’s Office
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 36
M. JASKULA-V. LAUDISIO-NEW COURTHOUSE ADDRESS 2 NIAGARA SQUARE
Dear Mr. Jaskula:
This is in reply to your inquiry to Buffalo postmaster John J. Phelan regarding Judge William Skretny's request to the Council to assign a
mailing address for the new Federal Courthouse (#43 C.C.P. Dec. 14, 2010).
Our Manager of Address Systems, Doug Hlavaty, has spoken to Judge Skretny about the judge's mail security concerns. Consequently,
he recommends that the Common Council approve the following number and street address as the official mailing address for the new
Federal Courthouse:
2 Niagara Square
Buffalo NY 14202-3350
If you have any further questions or concerns, please let me know.
Sincerely,
RECEIVED AND FILED
NO. 37
M. KEARNS-ECHDC TO BEGIN GRAIN ELEVATOR INSPECTION
ECHDC TO BEGIN GRAIN ELEVATOR INSPECTION
Goal will be to determine how it affects Main Street Bridge alternatives
Approved as part of a larger Buffalo Harbor Bridge work package in December by the Erie Canal Harbor Development Corporation, today
marks the start of a nearly two-week structural inspection of the Connecting Terminal Elevator on the outer harbor. The $90,000
inspection program will allow ECHDC to determine the condition of the elevator and how it affects the Main Street bridge alternatives
currently being studied.
Still in the environmental review phase, both Main Street and Erie Street remain feasible alternatives. While no determination has been
made regarding the bridge's final location, several sub-alternatives for each location are being studied further. Sub-alternatives for the
Main Street location include building the bridge around the grain elevator, through a portion of the elevator, or removing the elevator. The
"through" sub-alternative would involve the restoration of the remaining sections and missing pieces of the elevator.
"Our first option, because of historic resource concerns, is to go around the elevator but that involves investing a significant amount into
public infrastructure and leaving a deteriorating, possibly unsafe, grain elevator sitting next to it," said ECHDC President Tom Dee.
ECHDC began designing a Main Street alternative that avoided the grain elevator to the north. However, after speaking with several
stakeholders groups, there was concern that a bridge in this location would negatively impact the view of the grain elevator from the inner
harbor - where most people can see it. A second avoidance alternative, which located the bridge south of the grain elevator, was then
developed. While the view is less impacted, the constructing the bridge over the City Ship Canal increased costs considerably and
impacts a greater portion of available land.
"Avoiding the grain elevator creates its own set of impacts. It's more costly to build the bridge around it, it eats up more prime waterfront
land, and we don't even know if it's safe to leave it in place," said project manager Steven Ranalli. "It's a unique structure and it will require
a unique solution to deal with it properly."
ECHDC presented the various Main Street sub-alternatives to the preservation community during the scoping process earlier this year.
Lorrain Pierro, President of the Industrial Heritage Committee, feels the "through" option could provide a "gateway entrance that would
spotlight the grain elevators and the City, and connect the Erie Canal with the Industrial Heritage Trail along the Outer Harbor Parkway,"
Preservation Buffalo Niagara and the Campaign for Greater Buffalo have also been briefed on the Main Street alternatives. The New York
State Historic Preservation Office has also seen the early concepts and is awaiting the full study before making any determination.
The Connecting Terminal Elevator, built in two sections during the first half of the 20th century, has been idle since the late 1960s. While
a hotel rehabilitation scheme in the 1980s and Great Lakes Center in the 1990s were proposed, neither project materialized. The Central
Terminal Elevator has since lost major elements, including the marine towers, the headhouse and a majority of the distributing floor due to
neglect and weather.
As no plans exist for the 1915 section of the elevator, and with very few plans left in existence for the 1954 addition, the inspection will
document several key features, including the foundation, bin wall thickness and dimensions, materials, and concrete strength. The
inspection will also document the current structural condition and areas of distress. The results of this inspection will be used to
determine what Main Street alternatives are feasible and what the costs associated with each alternative will be. The information will be
included in the draft environmental impact statement expected in 2011.
For more information, please visit the project website: www.buffaloharborbridge.com
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 38
D. SMITH- THE 2010 SCHOTT 50 STATE REPORT ON BLACK MALES IN PUBLIC EDUCATION
Yes We Can: The 2010 Schott 50 State Report on Black Males in Public Education,reveals that there are indeed communities, school
districts and even states doing relatively well in their efforts to systemically enhance the opportunity to learn and raise the achievement
levels for Black male students? However, Yes We Canalso highlights that the overwhelming majority of U.S. school
districts and states are failing to make targeted investments to provide the core resources necessary to extend what works for Black male
students, Thus, in the majority of U.S. states, districts, communities and schools, the conditions necessary for Black males to
systemically succeed in education do not exist. Unfortunately, today, data indicate that a Black male student who manages to achieve
high school graduation speaks more for that individual's ability than for benefits he may have received from the system. In fact, that data
indicates that most systems contribute to the conditions in which Black males have nearly as great a chance of being incarcerated as
graduating.
Stacks of research reports have indicated for years that Black male students are not given the same opportunities to participate in classes
offering enriched educational offerings. They are more frequently inappropriately removed from the general education classroom due to
misclassifications by the Special Education policies and practices. They are punished more severely for the same infractions as their
White peers. On average, more than twice as many White male students are given the extra resources of gifted and talented programs by
their schools as Black male students. Advanced Placement classes enroll only token numbers of Black male students, despite The
College Board urging that schools open these classes to all who may benefit. In districts with selective, college-preparatory high schools,
it is not uncommon to find virtually no Black male students in those schools. Finally, the national percentage of Black male students
enrolled at each stage of schooling declines from middle school through graduate degree programs.
Simply stated, the message in is that Black male students can achieve high outcomes--states, districts and communities
Yes We Can
can create the conditions in which all students have an opportunity to learn--the tragedy is, even against the historic backdrop of the U.S.
having a Black male President, most states and districts in the U.S. choose not to do so.
1 Black students are defined by the U, S. Department of Education as "students having origins in any of the black racial groups of Africa
as reported by their school:
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 39
P. TRONOLONE-RICHARDSON OLMSTED CENTER CIVIC AND LAND USE PROJECT PUBLIC HEARING
Dear Mr. Chwalinski:
I am hereby transmitting, in order to file in your office for public review, the General Project Plan of the New York State Urban
Development Corporation ("UDC'), doing business as the Empire State Development Corporation the "Corporation", together with the
findings required pursuant to Sections 16-m and 10(g)of the UDC Act. for the above-referenced project in Niagara County. The materials
are being filed pursuant to Section 16(2) of the UDC Act.
A Public Hearing, also required by the UDC Act, will be held by the Corporation to consider the General Project Plan as follows:
Thursday, January 6, 2011 at 6:00 pm
Burchfield Penney Art Center
1300 Elmwood Avenue
Buffalo. NY
ESDC is a corporate governmental agency and public benefit corporation of the State of New York, created by the New York Urban
Development Corporation Act of 1968, as amended. Therefore, pursuant to CPLR Section 8017. EDSC is exempt from any fee which
may be imposed in connection with your receipt of these materials.
Sincerely,
EMPIRE STATE DEVELOPMENT CORPORATION
RECEIVED AND FILED
PETITIONS
NO. 40
J LEWIS & OTHERS REQUEST COUNCIL TO ADOPT BFLO’S COMMUNITY PROTECTIONS FROM
NATURAL GAS EXTRACTION ORDINANCE
The undersigned electors of the City of Buffalo, New York, acting in our capacity as residents of this community with an inalienable fight
to local self-governance, hereby petition and direct the members of the Buffalo City Council, who are sworn to protect the health, safety
and welfare of this community, to advertise and then adopt "Buffalo's Community Protection from Natural Gas Extraction Ordinance,"
which the People of the City have submitted to the members of their Council.
REFERRED TO THE COMMITTEE ON LEGISLATION
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 41
APPTJR. DATA CON~OL CLK(PERM)(INTER)(HARDING)(COMPT)
(CCP# I5, 12/14)
Mrs Russell moved
That Communication of 15 of December 14, 2010, be received and
Filed and that the Permanent appointment of David E. Harding, 169
Garner Avenue, Buffalo, NY 14213 at the Intermediate Salary of
$33,457.00 is hereby approved.
PASSED
AYES - 8 NOES - 0
NO. 42
APPT SUPERVISOR OF STREET SANITATION I(PERM)(INTER)(HARDING)(COMPT) CLK
(PERM)(INTER)(HARDING)(COMPT)(CCP# 23, 12/14)
Mrs Russell moved
That Communication 0f23 of December I4, 2010, be received and Filed and that the Permanent appointment of Robert Devoe, 106
Columbus Ave, Buffalo, NY 14220 at the Second Step of $37,826.00 is hereby approved.
PASSED
AYES - 8 NOES - 0
NO. 43
APPT ASSISTANT ADMINISTRATOR OF PKG(MAX)(KAEMARZ)(PARKING)
(CCP# 32, 12/14)
Mrs Russell moved
That Communication of 32 of December 14, 2010, be received and Filed and that the Provisional appointment of Geraldine M. Kaczmarz,
47 Seward St, Buffalo, NY 14206 at the Maximum Salary of $61,315.00 is hereby approved.
PASSED
AYES - 8 NOES - 0
NO. 44
APPT ACCOUNT CLERK TYPIST (PERM)(INTER)(LEE)(HR)
(CCP# 33, 12/14)
Mrs Russell moved
That Communication of 33 of December i4, 2010, be received and Filed and that the Permanent appointment of Ramona Lee, 155
Durham Ave, Buffalo, NY 14215 at the Intermediate Salary of $34,268.00 is hereby approved.
PASSED
AYES - 8 NOES - 0
NO. 45
APPT COMPENSATION & BENEFITS SPECIALIST(PERM)(MAX)(MACHIN)(HR)
(CCP# 34, 12/14)
Mrs Russell moved
That Communication of 34 of December 14, 2010, be received and Filed and that the Permanent appointment of Heather Maehin, 14
Rosedale, Buffalo, NY 14207 at the Maximum Salary of $46,507.00 is hereby approved.
PASSED
AYES - 8 NOES - 0
NO. 46
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CTY CLK)
CCP# 40, 12/14
Mrs. Russell moved
That the above item be the same and hereby is Received and Filed
ADOPT
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRMAN)
NO. 47
REPORT OF SALE- 388 WINSLOW
(ITEM NO. 3, C.C.P., NOV. 30, 2010) (ITEM NO. 63, C.C.P., DEC. 14, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO. 48
REPORT OF SALE - 276 CHELSEA
(ITEM NO. 64, C.C.P, SEP. 21, 2010)
(ITEM NO; 54, C.C.P., APR. 13, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO. 49
REPORT OF SALE - 42 COLORADO
(ITEM NO. 5, C.C.P., MAR. 30, 2010)
(ITEM NO. 65, C.C.P., SEP. 21, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO. 50
REPORT OF SALE - 1606 JEFFERSON
(ITEM NO. 66, C.C.P., SEP. 21, 2010)
(ITEM NO. 64, C.C.P., DEC. 22, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO. 51
REPORT OF SALE - 14 KEHR
(ITEM NO. 7, C.C.P., MAR. 30, 2010)
(ITEM NO. 67, C.C.P., SEP. 21, 2010)
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. 52
FOOD STORE LICENSE - 912 EAST DELAVAN
(ITEM NO. 25, C.C.P., DEC. 14, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 53
FOOD STORE LICENSE - 389 GRIDER
(ITEM NO. 26, C.C.P., DEC. 14, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 54
FOOD STORE LICENSE- 309 HUDSON
(ITEM NO. 27, C.C.P., DEC. 14, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to
grant a Food Store License to Mugali Ha Yafay d/b/a Gold Star Mini Market located at 309 Hudson with the following conditions:
1. That there be no outdoor signage.
2. That signage cannot block any windows.
3. That there be no hand-painted signage on the exterior of the building.
4. That the store is to close on or before 11:00 pm Sunday through Thursday.
5. That the store is to close on or before 12 midnight on Friday and Saturday.
6. That Store hours must be posted conspicuously on the premises.
7. No cigarette signage or advertising inside or outside of the store.
8. Interior/exterior must be properly maintained including clean up of trash and debris every morning.
9. Must meet regularly with the block clubs.
PASSED
AYES - 8 NOES - 0
NO. 55
FOOD STORE LICENSE - 2319 MAIN A/K/A 2317 MAIN
(ITEM NO. 28, C.C.P., DEC 14, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 56
SECOND HAND DEALER - 1675 SOUTH PARK
(ITEM NO. 29, C.C.P., DEC. 14, 2010)
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspection Services be, and he
hereby is authorized to grant a Second Hand Dealer License to Ronald Talboys dib/a Habitat for Humanity Buffalo Restore South located
at 1675 South Park.
PASSED
AYES - 8 NOES - 0
NO. 57
USED CAR DEALER- 2208 ELMWOOD AVENUE
(ITEM NO. 31, C.C.P., DEC. 14, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspection Services be, and he hereby is authorized to
grant a Used Car Dealer license to Ronald Schreiber dib/a E Z Loan Auto Sales, LLC located at 2208 Elmwood Avenue as a display lot
only.
PASSED
AYES - 8 NOES - 0
NO. 58
G. CHWALINSKI-W. SKRETNY REQUEST TO ASSIGN FEDERAL COURTHOUSE MAILING
ADDRESS OF 2 NIAGARA SQUARE
2 NIAGARA SQUARE (#43, 12/14)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 59
SNOW REMOVAL COMPLAINTS
(ITEM NO. 48, C.C.P., DEC. 14, 2010)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above-mentioned item be and the same is hereby received and filed.
ADOPTED
NO. 60
J. ALLEN, PETITION TO USE 1600 HERTEL FOR A POLE SIGN
(ITEM NO. 51, C.C.P., DEC. 14, 2010)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 61
OHL & O-ESTABLISH ALTERNATE PKG ON S. OGDEN BTWN CLINTON & GRISWOLD FOR
WINTER MONTHS (#53, 11/3)(#75, 11/16)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 62
K. KINDER-LIST OF PROPERTIES MAINTAINED BY COB DIV OF PARKS & RECREATION
(#43, 9/21)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO. 63
M. KEARNS-NON PARTISAN ELECTIONS APPROVED IN CALIFORNIA
(#54, 6/22)
That the above item be the same and hereby is Received and Filed.
ADOPTED
RESOLUTIONS
NO. 64
BY: MR. FONTANA
ORDINANCE AMENDMENT CHAPTER 78, ANIMALS
The Common Council of the City of Buffalo does hereby ordain as follows:
ARTICLE III Licensing and Impoundment of Dogs; Cats (§78-11-§78-15)
§78-11 Public Pound
A. There shall be established and maintained by the City of Buffalo a public pound in which shall be [distrained] detained and
impounded all untagged and unlicensed dogs and in which shall be impounded all lost, strayed or homeless dogs found running at large
within the City.
B. The pound so established shall be maintained and operated under and by direction of the Commissioner of Street
Sanitation, who is, together with any person in his Department designated by him, hereby charged with performing all the duties required
for the seizure and impounding of such dogs and for the destruction or sale thereof in accordance with the provisions of Article 7 of the
Agriculture and Markets Law.
C. The pound is hereby authorized to impound and shelter lost, stray or homeless cats and to arrange for spaying or neutering
of such cats. Fees for the adoption of such cats and any necessary shots or treatment shall be as provided in Chapter 175, Fees.
§78-12 Seizure, redemption periods and impoundment fees.
The seizure of dogs, the redemption periods and the impoundment fees shall be governed by Article 7 of the Agriculture and
Markets Law of the State of New York and as provided in Chapter 175, Fees. Notwithstanding the foregoing, the City of Buffalo shall
maintain a redemption period of no less than three days, except that, where notice to the owner of record is given by mail, the redemption
period shall be no less than seven days.
§78-13 Adoption, fee.
All dogs as to which title has been forfeited to the City pursuant to Article 7, §118, of the Agriculture and Markets Law of the
State of New York shall be made available for adoption in the discretion of the Commissioner of Street Sanitation. The City shall collect an
adoption fee as provided in Chapter 175, Fees, at the time the custody of the dog is transferred; provided, however, that the new owner of
the dog, upon furnishing satisfactory proof to the Commissioner of Street Sanitation that such dog has been spayed or neutered within 60
days after adoption, shall be entitled to a refund as provided in Chapter 175, Fees. The adoption fee may be waived for senior citizens
upon the presentation of satisfactory proof of residency and identification as a senior citizen to the Commissioner of Street Sanitation.
§78-14 Proof of ownership required for redemption.
Before any dog is redeemed from such pound, the Commissioner of Street Sanitation shall require proper and sufficient proof
that the individual redeeming the dog is the owner of record of said dog.
§78-15 [Additional License Fees] Licensing and Identification of Dogs
Each and every dog within the City of Buffalo shall be licensed and identified as prescribed below.
§78-15.1 Legislative Intent
The purpose of this Ordinance is to provide for the licensing and identification of dogs, the control and protection of the dog
population, and the protection of persons, property, domestic animals and deer from dog attack and damage.
§78-15.2 Limited Exemption
Any dog harbored within the City of Buffalo, which is owned by a resident of New York City or licensed by the City of New York
or which is owned by a non-resident of New York State and licensed by a jurisdiction outside of the State of New York, shall for a period
of thirty (30) thirty days be exempt from the licensing and identification provisions of this ordinance.
§78-15.3 License Requirement
A. All dogs within the City of Buffalo four (4) months of age or older, unless otherwise exempted Shall be licensed. The owner
of each dog required to be licensed shall obtain, complete and return to the City Clerk, at 1304 City Hall, 65 Niagara Square, Buffalo, NY
14202, a dog license application together with the license application fee, any applicable license surcharges and such additional fees as
may be established by the City of Buffalo. Each license application shall be accompanied by proof that the dog has been vaccinated
against rabies or a statement from a licensed veterinarian that such vaccination would endanger the dog's life in which case vaccination
shall not be required. Each license issued shall be valid for a period of one year and shall not be transferrable.
B. The City of Buffalo authorizes the Buffalo Animal Shelter, acting by its manager, to provide, accept and grant an application
for a dog license made by a resident of the City of Buffalo at the time of the adoption of a dog from the Buffalo Animal Shelter provided
that such application is made in accordance with §78-15.3 A of this Ordinance and the license fee, any additional fee and surcharge shall
be remitted to the City Clerk of the City of Buffalo on or before the third day of the month following the month in which the license fee and
additional fee and surcharge was received.
§78-15.4 License Fees
The City of Buffalo hereby establishes the fee for a dog license issued pursuant to §78-15 at $13.50 for each spayed or
neutered dog to which $7.00 shall be added for a total fee of $20.50 if the dog for which the application is made is unspayed or
unneutered.
§78-15.5 Exceptions to Fee Requirements
Excepted from payment of the license fee are applications submitted for a dog license for any guide, hearing, service, war,
working search, detection, police and therapy dogs.
§78-15.6 Identification of Dogs
A. The licensee shall receive an oblong tag with a seven-digit number on it. This tag must be attached to the dog's collar. This
is the only tag issued. If the tag is lost, a replacement tag must be obtained from the City Clerk's Office for a fee of $10.00.
B. Any dog four months of age or older must be vaccinated for rabies and carry a license tag on its collar on or off the premises
of the license holder. This tag has a number issued for that particular dog for its entire life. The license number relates to ownership,
current rabies status, and a description of the dog. Any dog found in the City of Buffalo on or off the owner's premises, leashed or
unleashed, and not wearing a license tag, is considered a stray or stolen dog and is subject to seizure under Article 7 of the New York
State Agriculture and Markets Law.
C. A dog participating in a dog show shall be exempt from the identification requirement of this Section and Section 111 of the
NYS Agriculture and Markets Law during such participation.
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of this Ordinance
is necessary.
Byron W. Brown
Mayor
APPROVED AS TO FORM ONLY:
David Rodriguez
Acting Corporation Counsel
By: Timothy A. Ball
Assistant Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
PASSED
AYES - 8 NOES - 0
NO. 65
BY: MR. FONTANA
REQUEST TO ASSIGN FEDERAL COURTHOUSE MAILING ADDRESS
OF 2 NIAGARA SQUARE
WHEREAS, On November 30, 2010, Chief Judge for the United States District Court of the Western District of New York requested that
the new federal courthouse in Buffalo be assigned the mailing address of 2 Niagara Square, Buffalo, New York, 14202;
WHEREAS, Presently the new Federal Courthouse is located on the post office grid location for addresses with numbers 2 through 50
and, therefore, said request is fully consistent with its location on the grid;
WHEREAS, This request is particularly important because the new federal courthouse will be the destination for much important and
highly confidential mail, the security of which must be a top priority;
WHEREAS, Best security practices require that mailing address confusion be kept to a minimum and that there be no identical mailing
address on Niagara Street, Niagara Plaza or Niagara Court;
WHEREAS, The United States Postal Service has confirmed that there is no "2" address on Niagara Street, Niagara Plaza or Niagara
Court and it is also the United States Postal Service's position that assignment of this address exclusively to the new federal courthouse
would be a best security practice;
WHEREAS, This request was promptly forwarded to the City of Buffalo Departments of Police, Fire, Public Works and the United States
Postal Service, none of whom offered any objections to said request;
WHEREAS, The Common Council finds that the assignment of the address "2 Niagara Square, Buffalo, NY 14202" is a best security
practice and will minimize address confusion for this important federal building;
NOW, THEREFORE BE IT RESOLVED, That this Common Council hereby decrees, declares and memorializes the mailing address for
the new Federal Courthouse fronting on Niagara Square, between Delaware Avenue, South Elmwood Avenue and Mohawk Street as "2
Niagara Square, Buffalo, NY 14202";
BE IT FURTHER RESOLVED, That this Resolution be forwarded to the City Clerk, the Department of Assessment and Taxation, the
Department of Public Works, the Department of Police, the Department of Fire, the Office of the Erie County Clerk and the United States
Postal Service after ratification by the Mayor for the update of any and all official maps and rosters.
PASSED
AYES - 8 NOES - 0
NO. 66
SPONSOR: MR. FONTANA
EXCUSING COUNCIL MEMBER SMITH FROM THE DEC. 28, 2010 COMMON COUNCIL MEETING
Whereas: Demone A Smith, Masten District Council Member, has requested that he be excused from attending the December 28, 2010
regular meeting of the Common Council.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo, NY hereby excuses Demone A. Smith, Masten District Council Member, from attending
the December 28, 2010 meeting of the Common Council.
ADOPTED
NO. 67
BY: MR. FRANCZYK
REVISE PRESERVATION CODE
WHEREAS: The preservation code of the City of Buffalo states that "all decisions and actions of the Preservation Board shall be made by
a majority votes of the full membership," which is six votes as the board is currently constituted; and,
WHEREAS: As there is at nearly any given time unfilled vacancies to the Preservation Board, it has become increasingly difficult to
muster the six votes for action, thereby nullifying the legislative responsibility of the board; and,
WHEREAS: Lacking a six vote majority, the board will on many instances be unable to approve or deny applications within 45 days,
resulting in stalled or nullified improvements to a building, or unnecessary demolition; and,
NOW THEREFORE BE IT RESOLVED: That the Corporation Counsel draft an ordinance amendment including the following wording to
Section 337-4(c) (1): "A quorum (of the Preservation Board) shall consist of a majority of the members. All decisions of the Preservation
Board shall be made by a majority vote of the full membership. All decisions of the Preservation Board shall be made within 45 days, or
such longer period of time as may be agreed to by the applicant consistent with this ordinance, but if the Preservation Board fails to act
within 45 days, such failure to act shall be deemed a denial of the application."
BE IT FURTHER RESOLVED: That Section 337-21(c) be amended to read, "In case of a denial (by the Preservation Board), the
Preservation Board shall state the reasons therefore and shall make recommendations concerning changes in the applicants proposed
action that would be ground for reconsidering the application. An applicant may amend an application while it is being considered by the
Preservation Board, but not reapply until at least six months from the date of the denial."
REFERRED TO THE COMMITTEE ON LEGISLATION
NO 68
BY: MR. GOLOMBEK, MR. FONTANA
ORDINANCE AMENDMENT
CHAPTER 288, NATURAL GAS EXTRACTION PROHIBITION
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 288 of the Code of the City of Buffalo be added to read as follows:
Chapter 288, NATURAL GAS EXTRACTION PROHIBITION
Whereas, this ordinance bans the commercial extraction of natural gas within the city because said extraction is believed to
threaten the health, safety, and welfare of residents and neighborhoods of the City of Buffalo; and
Whereas, this Ordinance shall be known and may be cited as "Buffalo's Community Protection from Natural Gas Extraction
Ordinance;'” now therefore, Section 288, Natural Gas Extraction Prohibition is added to the Buffalo City Code as follows:
§288-1 Findings and Intent
A. The Common Council of Buffalo finds that the commercial extraction of natural gas in the urban environment of Buffalo
poses a significant threat to its residents' health, safety, and welfare, as widespread environmental and human health impacts have
resulted from commercial gas extraction in other areas-.
B. The Common Council believes that the protection of residents, neighborhoods, and the natural environment is an
appropriate use of its police powers. The Common Council thus hereby adopts this ordinance, which establishes a Bill of Rights for the
residents of the City of Buffalo and bans commercial extraction of Marcellus Shale natural gas within the City of Buffalo because that
extraction cannot be achieved without endangering the health, safety, and welfare of the residents of the City of Buffalo,
§288-2
A. "Natural Gas" shall mean any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the
earth and which maintains a gaseous or rarified state at standard temperature or pressure conditions, and/or gaseous components or
vapors occurring in or derived from petroleum or natural gas.
B. "Extraction" shall mean the digging or drilling of a well for the purposes of exploring for, developing or producing natural gas or other
hydrocarbons.
C. "Corporations," for purposes of this ordinance; shall include any corporation, limited partnership, limited liability partnership, business
trust, or limited liability company organized under the laws of any state of the United States or under the laws of any country, and any
other business entity that possesses State-conferred limited liability status or protections for its owners, directors, officers, and/or
managers.
§288-3 Rights of Citizens of the City of Buffalo to Natural Resources
A. Right to Water. All residents, natural communities and ecosystems in Buffalo possess a fundamental and inalienable right to
sustainably access, use, consume, and preserve water drawn from natural water cycles that provide water necessary to sustain life within
the City.
B. Rights of Natural Communities. Natural communities and ecosystems, including, but not limited to, wetlands, streams, rivers, aquifers,
and other water systems, possess inalienable and fundamental rights to exist and flourish within the City of Buffalo.
C. Right to a Sustainable Energy Future. All residents, natural communities, and ecosystems in Buffalo possess a right to a sustainable
energy future, comprised of the production and use of energy from renewable fuel sources.
§288-4 Prohibition Against Natural Gas Extraction
It shall be unlawful for any person or corporation to engage in the extraction of natural gas within the City of Buffalo, with the exception of
gas wells installed and operating at the time of enactment of this Ordinance.
§288-5 Enforcement
A. Any person, corporation, or other entity that violates any prohibition of this Ordinance shall be guilty of a summary offense and, upon
conviction thereof, shall be subject to the maximum fine allowable under this Charter and Code for said violation. A separate offense Shall
arise for each day or portion thereof in which a violation occurs and for each section of this Ordinance found to be violated.
B. The City of Buffalo may also enforce this Ordinance through an action in equity brought in New York State Supreme Court. In such an
action, the City of Buffalo shall be entitled to recover all costs of litigation, including, without limitation, expert and attorney's fees.
§288-6 Effective Date and DEC Permit Holders
This Ordinance shall be effective five (5) days after the date of its enactment, at which point the Ordinance shall apply to any and all
commercial extractions of natural gas in the City of Buffalo regardless of the date of issuance of any applicable DEC permits.
§288-7 Severability
The provisions of this Ordinance are severable, ff any court of competent jurisdiction decides that any section, clause, sentence, part, or
provision of this Ordinance is illegal, invalid, or unconstitutional, such decision shall not affect, impair, or invalidate any of the remaining
sections, clauses, sentences, parts, or provisions of the Ordinance.
§288-8 Repealer
This Ordinance shall repeal any prior inconsistent ordinances contained in the Buffalo City Code purporting to regulate or allow natural
gas extraction.
APPROVED AS TO FORM
David Rodriguez
Acting Corporation Counsel
By: Timothy A. Ball
Asst. Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 69
APPOINT LEGISLATIVE AIDE
By: Mr. Kearns
Whereas: I, Michael P. Kearns, wish to appoint Matthew J. Fisher of 111 Eden Street, Buffalo, NY 14220 to the position of Legislative
Aide of the South District; and
Now, Therefore, Be It Resolved: That the Common Council hereby appoints Matthew J. Fisher to the position of Legislative Aide to the
South District Councilmember.
Michael P. Kearns
ADOPTED
AYES – FONTANA, FRANCZYK, HAYNES, KEARNS, LOCURTO, RIVERA, RUSSELL – 7 NOES – GOLOMBEK - 1
NO. 70
BY: COUNCILMEMBER SMITH
RE: PROJECT LOCKDOWN
Whereas: Many of the issues that impact the constituents in the City of Buffalo are not quickly relayed to them; and
Whereas: The only source of immediate information to the residents in the City of Buffalo are from the cable stations for those who have
cable; and
Whereas: public misconduct and violence have plagued our community and often times the constituents are unaware of what may be
happening in their neighborhood as its happening; and
Whereas: The constituents need to be aware of what is going on in their community and how to react to emergencies or issues of threat;
and
Whereas: A variety of community business and government agencies can form a relationship to immediately alert residents of threats in
their neighborhood
Now, Therefore, Be It Resolved That:
A system of alert to neighborhoods of immediate threats be developed that has a proactive and comprehensive emergency service and
public information program to include external communications, community relations and media relations to insure successful
collaboration and integration of crisis management.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 71
BY: COUNCILMEMBER SMITH
REQUEST A FEASIBILITY STUDY FOR A ONE WAY STREET DETERMINATION ON PANSY STREET
Whereas: The residents of Pansy Street have requested that the current two way street be converted into a one way street from Florida
Street to East Delavan Avenue; and
Whereas: A feasibility study is needed to determine if the transition from a two way to one way is beneficial for traffic.
Now, Therefore, Be It Resolved That:
That a feasibility study for a one way designation on Pansy Street be conducted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 72
BY: COUNCILMEMBER SMITH
RE: REQUEST TWO YEARLY ELECTRONIC RECYCLE DAYS
Whereas: Electronic recycling has become a necessity for municipalities to combat the improper disposal of electronic equipment; and
Whereas: Discarded electronic equipment are sources of extreme pollution due to the hazardous materials contained inside of the
devices; and
Electronic recycling days have been very successful in previous years. Especially, after the holidays when there is a high changeover of
electronic goods. Currently, there has not been an announcement of electronic recycling days and there may be a possibility that there will
not be any in 2011.
Now, Therefore, Be It Resolved That:
That the Department of Public works and the Environmental Management Commission arranges two electronic recycling days and if this
cannot be done please report back to this Council the barriers for implementation.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL MANAGEMENT
NO. 73
BY MR. DEMONE A. SMITH:
ORDINANCE AMENDMENT
CHAPTER 197 RESPONSIBLE TOBACCO PRODUCT RETAILING
The Common Council of the City of Buffalo does hereby ordain as follows:
WHEREAS: More than 2,100 high school age youth in the City of Buffalo and 33,600 adults currently smoke and approximately 390
adults in Buffalo die prematurely from smoking each year;
WHEREAS: Each year, approximately 1,200 new kids under the age of 18 in the City of Buffalo try smoking for the first time and, unless
current trends change, more than 17,100 of the children alive today in Buffalo will grow up to be addicted adult smokers;
WHEREAS: Smoking-caused healthcare costs in the City total at least $108 million per year, with smoking-caused worker productivity
losses in the City annually totaling more than $80 million.
WHEREAS: Tobacco products - unlike any other consumable product sold at retail - are inherently and inescapably harmful and addictive
when used exactly as intended, and there is no safe or risk-free way to consume Tobacco Products;
WHEREAS: Tobacco use and the advertising, marketing and sale of Tobacco Products in the City of Buffalo create substantial public
health harms and other harms and costs in the City;
WHEREAS: Tobacco use and the advertising, marketing and sale of Tobacco Products in the City of Buffalo create significant law
enforcement problems relating to such matters as sales to youth and the sale and purchase of illicit Tobacco Products;
WHEREAS: Existing federal, state and local efforts to prevent and reduce tobacco use are not reducing tobacco use and its many harms
and costs rapidly enough in the City of Buffalo;
WHEREAS: The advertising, marketing and sale of Tobacco Products at retail outlets increases and sustains tobacco use and its many
harms and costs by increasing tobacco use experimentation and initiation, especially among youth, reducing tobacco use cessation
among existing users, and prompting unplanned impulse purchases of Tobacco Products by both ongoing users and those trying to quit;
WHEREAS: The advertising, marketing and sale of Tobacco Products with candy, fruit or other kid-attracting or harshness-reducing
flavors in locations accessible by youth increases youth experimentation, initiation and addicted use;
WHEREAS: The advertising marketing and sale of Tobacco Products is inherently deceptive and misleading to consumers because it
presents Tobacco Products as acceptable, even beneficial and attractive, items for consumer purchase and use; and just the fact that
Tobacco Products are permitted to be sold and advertised misleads many consumers to believe that Tobacco Products are significantly
less harmful and addictive than they actually are;
WHEREAS: The typically disproportionate amount of advertising for Tobacco Products at retail outlets blocks and impedes the display of
advertising for other products that, unlike Tobacco Products, can be used safely and often produce consumer and social benefits -
thereby impeding efforts to advertise these other products and blocking the availability of consumer information about these other
products;
WHEREAS: The advertising and marketing of Tobacco Products at retail outlets and near schools and playgrounds reaches mad
influences many youths, thereby encouraging initiation and tobacco use by minors, and related purchases by and sales to minors, in
violation of applicable laws;
WHEREAS: The more youth are exposed to tobacco product advertising, marketing and sales the more likely they are to experiment with
and initiate tobacco use and the more likely they are to become addicted users;
WHEREAS: Minimizing youth exposure to tobacco product advertising and sales is an effective way to prevent and reduce youth tobacco
use;
WHEREAS: Minimizing the amount of tobacco product advertising, especially in locations where it is most likely to be viewed by youth, is
the most effective way to reduce youth exposure to tobacco product advertising;
WHEREAS: Tobacco product manufacturers, importers, distributors and other sellers have numerous ways to communicate product
information and provide other advertising to their legal adult customers other than through display advertisements and signs inside or
outside of retail outlets or in other outdoor areas;
WHEREAS: The First Amendment does not allow the City of Buffalo to eliminate all tobacco product advertising or all tobacco product
advertising that reaches youth;
WHEREAS: Upcoming new federal restrictions and requirements on cigarette and smokeless tobacco product advertising and marketing
will still allow for substantial youth and adult exposure to tobacco product advertising, marketing and sales and will still allow tobacco
product advertising and marketing to mislead consumers, increase youth experimentation and initiation, and increase overall tobacco use,
harms and costs;
WHEREAS: The display of tobacco products leads minors and adults to develop favorable beliefs about tobacco use, such as
overestimating the prevalence or acceptability of tobacco use or underestimating the harm and health risks caused by tobacco use;
WHEREAS: The display of tobacco products at sales outlets plays a significant role in the decision of individuals, especially youth, to
purchase or use tobacco products, and increases the amount of unplanned or impulse purchases of tobacco products;
WHEREAS: The World Health Organization has endorsed a ban on retail tobacco product displays as an effective method of reducing
tobacco use;
WHEREAS: Existing warning labels on Tobacco Products and related advertising, while helpful, do not adequately educate consumers
about the harmfulness and addictiveness of tobacco products and do not adequately counter the power of Tobacco Product advertising,
marketing and sales to mislead consumers, increase initiation, reduce cessation, and otherwise maintain or increase overall tobacco use;
WHEREAS: Additional measures are needed to educate consumers about how harmful and addictive tobacco products are and to inform
current users how they can get help to quit or cutback their tobacco use, and to remind consumers of these facts at the point of purchase
so that they can avoid unplanned impulse buys of tobacco products and make more thoughtful purchase decisions;
WHEREAS: The City of Buffalo is preempted by federal law from requiring warning labels on cigarette or smokeless tobacco packages or
advertising;
WHEREAS: Reducing the number of retail outlets that sell tobacco products in the City of Buffalo will make tobacco product sales less
pervasive and appear less acceptable and common and will otherwise help to prevent and reduce tobacco use;
WHEREAS: Sales of tobacco products in locations directly associated with healthcare and medicines makes tobacco products appear
less harmful and more acceptable than they actually are, thereby helping increase overall use and harms;
WHEREAS: Sales of tobacco products in locations frequented by youth, such as schools, or at sales outlets that allow youth, directly
increases youth tobacco use experimentation, initiation and addiction;
WHEREAS: Sales of tobacco products in locations where food or alcoholic beverages are served or at recreational facilities, or where
many other non-tobacco products are sold increases unplanned impulse purchases and otherwise increases tobacco use;
WHEREAS: Banning the sale of Tobacco Products in the City of Buffalo would cause substantial economic harm to the City and to many
retailers located in the City - while Tobacco Products would still be available for purchase by Buffalo consumers in other nearby locations
-and could promote a substantial increase in contraband Tobacco Product trafficking and other illicit trade;
WHEREAS: The manufacturers and importers of Tobacco Products sold in the City of Buffalo enjoy substantial revenues and profits
from the marketing and sale of their Tobacco Products in the City;
WHEREAS: Manufacturers and importers of tobacco products often support retailer-based advertising, marketing and discounting of
tobacco products in the City of Buffalo through monetary payments and other means;
WHEREAS: The manufacturers and importers of Tobacco Products sold in the City of Buffalo do not currently provide the City with any
resources to enable the city to regulate the marketing and sale of those Tobacco Products effectively to reduce and otherwise address the
many harms, costs and other problems caused to the City from the marketing, sale and use of those Tobacco Products;
WHEREAS: The advertising, marketing and sale of large numbers of different Tobacco Products and different Tobacco Product brands
and sub-brands in the City of Buffalo - including many with special flavorings attractive to youth and many that are inaccurately perceived
by consumers as less risky or less harmful than other brands or sub-brands - works to increase and sustain tobacco use and its many
harms and costs;
WHEREAS: The advertising, marketing and sale of large numbers of different Tobacco Products and different Tobacco Product brands
and sub-brands in the City of Buffalo reduces the variety, availability, and prominence at retail of other, more beneficial consumer
products, and their advertising, in the City;
WHEREAS: The City of Buffalo has a direct interest in reducing tobacco use and its many harms and costs in the City to the lowest
possible levels as quickly as possible;
WHEREAS: The City of Buffalo has a direct interest in minimizing youth exposure to any tobacco product advertising, marketing and
sales in the City;
WHEREAS: The City of Buffalo has a direct interest in minimizing adult exposure to tobacco product advertising, marketing and sales in
the City, especially all such tobacco product advertising that is misleading, increases unintended and undesired impulse purchases and
use, impedes cessation efforts, or otherwise manipulates or influences adults to initiate, sustain or increase their tobacco use;
WHEREAS: The City of Buffalo has a direct interest in stopping disproportionate amounts of tobacco product advertising from blocking
the advertising of other products that, unlike tobacco products, are not unavoidably harmful when used as intended and, in many cases,
produce substantial consumer and social benefits;
WHEREAS: The following new efforts to license retail sellers of Tobacco Products, regulate and restrict the marketing and sale of
Tobacco Products to Buffalo consumers, reduce the number of retail outlets that sell Tobacco Products, and otherwise reduce the
availability and number of Tobacco Product brands and sub-brands offered for sale to Buffalo consumers will
each and all work directly to help reduce tobacco use and the many harms and costs in the City caused by tobacco use and by the
marketing and sale of Tobacco Products in the City as quickly and sharply as possible and otherwise promote the City of Buffalo's
interests described above;
WHEREAS: The following provisions are each and all necessary to help prevent and reduce tobacco use and its harms in the City of
Buffalo as quickly and effectively as possible;
WHEREAS: Any delay in preventing and reducing tobacco use and its harms in the City of Buffalo will have horrible consequences in
terms of increased addiction, disease, disability and premature death;
WHEREAS: Any delay in preventing and reducing tobacco use and its harms in the City of Buffalo will translate directly into higher
government, private sector and household expenditures and costs; and
WHEREAS: The following provisions will leave tobacco product manufacturers, importers and sellers with reasonable and adequate ways
to communicate non-misleading commercial information to their legal customers about the tobacco products they manufacture, import or
sell:
NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows:
Section 1. New Chapter 195. The Common Council of the City of Buffalo hereby establishes the following new Chapter 195, Responsible
Tobacco Product Retailing, be added, effective 90 days after passage, including Sections 195-1 through 195-12, to read as follows:
Chapter 195, Responsible Tobacco Product Retailing
§ 195-1. Definitions. As used in this Chapter, the following terms shall have the meanings indicated:
"Brand" of Tobacco Product means all styles of Tobacco Products sold under the same trademark and differentiated from one another by
means of additional modifiers or descriptors -including but not limited to, terms such as "menthol," "kings," "100s," "cherry-flavored,"
"lights," "smooths," "blues," "rough cut," and the like - or by packaging that uses a different color or style - and includes any brand name,
alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other
indicia of product identification identical to or similar to, or identifiable with, a previously known brand of Tobacco Product.
"Commissioner" means the Commissioner of the Department.
"Department" means the Department of Economic Development, Permit and Inspection
Services, or any person authorized by the Commissioner to act on the Department's behalf.
"Person" means any natural person, company, corporation, firm, partnership, business, organization, or other legal entity.
"Premium Cigar" means any cigar wrapped solely in whole tobacco leaf that weighs more than eight pounds per thousand and has a retail
price, before any sales taxes, of more than $2.50 per cigar.
"Sub-Brand" of Tobacco Product means any Tobacco Product differentiated from other Tobacco Products within the same Brand by
means of an additional modifier or descriptor - including but not limited to terms such as "menthol," "kings," "100s," "cherry-flavored,"
"lights," "smooths," "blues," "rough cut," and the like - or by packaging that uses a different color or style.
"Tobacco Product" means any product or substance that contains tobacco, including but not limited to cigarettes, cigars, pipes, snuff,
smoking tobacco and smokeless Tobacco Products, that is intended or expected for hittman consumption, except for any such product
that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for sale as a tobacco
use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose.
§ 195-2. Required Licenses.
A. Starting April 1,2011, no person shall engage in the business of selling Tobacco Products to consumers in the City of Buffalo without
first having been issued a license by the Department pursuant to a verified written application upon a form provided by the Department.
B. Except in cases of a license holder's death and the transfer of the business and related license to his or her heirs, any change in
business ownership or business location requires a new application and new license, and all licenses issued pursuant to this Section are
nontransferable and are valid for only the specific owner/operator and the specific business location indicated on the license. The
application for a replacement license, pursuant to this Section, for the same location by the heirs of a holder of an expiring license who
died during the term of the expiring license shall be considered an application for a renewal of a license and not an application for a new
license.
C. Licenses shall be issued for a period of no more than one year, terminating on the next March 31 following the effective date of the
license, unless prior to that date the license is revoked by the Commissioner or the Common Council for cause or abandoned or
otherwise terminated by the person holding the license.
D. Upon receipt of a complete license application or a complete application for a renewal of a license, the Commissioner shall, to the
extent the Commissioner deems necessary or appropriate for determining if a license should be issued, refer such application to the
Police Department, Fire Prevention Bureau of the Fire Department, City Treasurer and any other relevant department or agency of City,
State or Federal Government.
E. No license for the sale of Tobacco Products shall be issued if the applicant is not registered with the state as a retail dealer in
cigarettes or other Tobacco Products.
F. No license for the sale of Tobacco Products shall be issued, and any existing license shall be revoked, if:
(1) the applicant has been found by a court of law to have violated any federal, state or local law prohibiting trafficking in contraband
Tobacco Products or illegal drugs or has been convicted of violating any criminal law pertaining to tobacco products or fraud;
(2) the applicant has been found by a court of law or formal administrative hearing to have violated this Act or any local, state or federal
law pertaining to the marketing or sale of Tobacco Products more than three times in the preceding two years;
(3) the applicant has been found by a court of law or formal administrative hearing to have knowingly and willfully violated this Act or any
other local, state or federal law pertaining to the marketing or sale of Tobacco Products;
(4) the applicant knowingly provides false and misleading material information or knowingly falls to disclose material information in an
application for a license under this Chapter;
(5) the structure that is the subject of the application is determined to have code violations that threaten the health and safety of patrons or
does not have a valid certificate of occupancy;
(6) if the applicant has not paid to the City all fees, fines, penalties or other charges pertaining to any licenses pursuant to this Chapter
held by the applicant or held for the subject location or pertaining to any prior violations of this Chapter pertaining to that location, unless
the Department has determined that the applicant has no direct connection with those licenses or violations or to any related fees, fines,
penalties or other charges; or
(7) the Commissioner determines that the applicant is otherwise not fit to hold a license because of past criminal convictions or civil law
violations.
G. No license shall be issued pursuant to this Section to any seller of Tobacco Products that is not in a fixed, permanent location.
H. Unless the applicant has owned a business that has been selling Tobacco Products at that same location for at least 180 consecutive
days immediately prior to the enactment of this Chapter, or has inherited such a business from the prior owner during those 180 days, no
new license shall be issued pursuant to this Section to any seller of Tobacco Products:
(1) located at or on the property of any hospital or any other facility where health care services are provided;
(2) that also sells prescription drugs at the same location;
(3) that also sells or serves alcoholic beverages for on-premises consumption at the same location;
(4) that operates a bowling alley, movie theater, game room or amusement arcade at the same location, or that obtains more than 50
percent of its revenues from providing any services or products used or consumed on site by children at the same location;
(5) located at or on the property of any elementary or secondary school, college, university, or other educational institution;
(6) located at any facility or property used primarily to provide on-site services to persons under the age of 18, such as child day care
centers, children institutions and youth centers;
or
(7) located within 1,000 feet of the perimeter of the property of any location identified in Paragraphs (5) or (6), above.
I. Starting April 1, 2012, the total number of new and renewed licenses issued in the City of Buffalo pursuant to this Section for the sale of
Tobacco Products to consumers for any year shall not exceed the total number of all such licenses in effect during the prior year.
J. Starting April 1, 2013, the total number of new (as opposed to renewed) licenses issued in the City of Buffalo pursuant to this Section
for the sale of Tobacco Products to consumers in any year shall amount to no more than one new license for every two such licenses that
were revoked in the prior year and one new license for every two such licenses issued in the prior year for which no renewal application
was submitted or granted, until such time as the total number of either type of license issued pursuant to this Section in any given year is
no more than 100 at which point the maximum number of available licenses for that and any future year shall be maintained at 100.
K. After the license year ending March 31, 2015, no license to sell Tobacco Products shall be issued pursuant to this Section to any
seller of Tobacco Products at any location that has any of the characteristics identified in Paragraphs (1) through (6) of Subsection H,
above, of this Section.
L. Whenever the number of valid submitted applications for new licenses to sell Tobacco Products exceeds the maximum number of
such new licenses that may be issued pursuant to this Section, the Commissioner shall grant such licenses using the following priorities:
(1) Licenses shall be granted, first, to any person that held a valid license in the prior year, which is not being renewed, at a location that
will in the future no longer qualify for such a license because of Subsection K, above, and is voluntarily moving his business ahead of time
to a location where Tobacco Products may be sold even after Subsection K goes into effect. If there are more valid applications from such
sellers for new licenses than the number of available new licenses, the licenses shall be granted to those applicants by lottery;
(2) Licenses shall be granted, second, to any person that held a valid license in the prior year at a location that no longer qualifies for
such a license because of Subsections L, above, and is seeking a license at a new location where Tobacco Products may be sold. If
there are more valid applications from such sellers for new licenses than the number of available new licenses, the licenses shall be
granted to those applicants by lottery;
(3) Licenses shall be granted, third, to applicants who will sell the Tobacco Products only from a facility that does not permit persons
under the age of 18 at any time. If there are more valid applications from such adult-only sellers for new licenses than the number of
available new licenses, the licenses shall be granted to those applicants by lottery;
(4) Any remaining available new licenses shall be allocated among applicants from the different Common Council Districts in order to
bring the total number of renewed and new licenses of each type in each District to approximately the same number. If there are more
valid applications from applicants located in a specific Common Council District than the number of new licenses allocated to be issued
for that District, the licenses for that Common Counsel District shall be granted to those applicants by lottery.
M. The Commissioner shall state in writing why a license is not issued or renewed, shall advise the applicant in writing of such reason,
and shall offer the applicant an opportunity for a hearing. The Commissioner may appoint a hearing officer to conduct such a hearing.
N. The Commissioner may suspend or revoke a license issued pursuant to this Chapter for violations of its terms after notice to the
license holder of the reasons for such suspension and revocation. The Commissioner shall provide any license holder an opportunity for a
hearing regarding such suspension or revocation. Such hearing shall be held in a timely manner, shall provide the license holder with a
statement of the alleged violations, shall offer the license holder an opportunity to cross examine witnesses against him or her, to offer
evidence and argument on his or her behalf and to be represented by counsel. A record shall be made of the hearing. The Commissioner
may appoint a hearing officer to conduct the hearing and to present the Commissioner with the record and the hearing officer's findings,
conclusions and recommendations. The Commissioner shall have the sole authority to make a final determination regarding the
suspension or revocation of a license.
O. Any license issued pursuant to this Chapter shall be displayed prominently at the location where the Tobacco Products are sold so
that it is readily visible to customers.
P. Any seller of Tobacco Products operating without the license required by this Chapter shall be subject to a fine. Every day offering for
sale or selling Tobacco Products without a license shall constitute a separate violation.
Q. Any seller of Tobacco Products that continues offering for sale or selling Tobacco Products without the license required by this
Chapter after receiving notice from the Department or the Buffalo Police Department that the seller is operating without a license required
by this Chapter shall be immediately closed by order of the Department or the Buffalo Police Department until such time as the seller
removes all the Tobacco Products from the location or obtains the required license.
§ 195-3. Required Permits.
A. Starting January 1,2011, no person shall sell, offer for sale, or otherwise provide to consumers in the City of Buffalo any Brand or Sub-
Brand of any Tobacco Product unless the name of that Brand or Sub-Brand has been put on the Department's list of Tobacco Product
Brands and Sub-Brands that may be sold to consumers in the City pursuant to this Section.
B. No Brand or Sub-Brand of Tobacco Product may be placed on the list of Tobacco Product Brands and Sub-Brands that may be sold to
consumers in the City pursuant to this Section unless the manufacturer or an importer into the United States of that Brand or Sub-Brand,
or a person acting with the authority or permission of the manufacturer or importer, has obtained a permit for that Brand or Sub-Brand
from the Department pursuant to submitting the permit fee payment and a verified written application upon a form provided by the
Department. Only one permit shall be required for each Brand and for each Sub-Brand of a Tobacco Product to allow its sale in the City.
C. All permits issued pursuant to this Section are nontransferable, and are valid for only the Brand or Sub-Brand indicated on the license.
Any change in the Brand or Sub-Brand requires a new application.
D. Permits shall be issued for a period of no more than one year, terminating at the end of the calendar year of the effective date of the
license, unless prior to that date the permit is revoked by the Commissioner or the Common Council for cause or abandoned or otherwise
terminated by the person holding the permit.
E. The annual fee for each permit issued pursuant to this Section shall be $1,000 for each Brand or Sub-Brand, and all permit fees paid
to the Department shall be used solely for administering and enforcing:
(1) this section;
(2) the preceding section pertaining to the licensing of tobacco product sellers;
(3) the other provisions of this Chapter;
(4) other City laws and rules pertaining to the sale of tobacco products.
F. The Commissioner shall annually review the actual and expected payments received by the City for the permits issued pursuant to this
Section compared to the City's actual and expected expenditures to administer and enforce this Chapter and other City laws relating to
the retail sale of Tobacco Products in the City, and the Commissioner shall adjust the permit fee amount for the next permit year
whenever a significant shortfall or excess of permit fee revenues occurs or is
projected for the coming fiscal year, except that the permit fee shall not be increased or reduced by more than $500 for any year without
the Common Council's formal consent.
G. Upon receipt of a complete permit application or a complete application for a renewal of a permit, the Commissioner shall refer such
application to the relevant departments or agencies of City, State or Federal Government which the Commissioner deems appropriate for
determining if a permit should be issued.
H. No permit shall be issued for the Brand or Sub-Brand of any manufacturer or importer if the applicant:
(1) does not have a valid permit to engage in the business of manufacturing or importing Tobacco Products from the federal government
pursuant to the Internal Revenue Code (26 USC 5712 et seq.);
(2) sells cigarettes to consumers in New York State, as defined by New York State Public Health Law Section 1399-p, and is not
compliant with that State law; or
(3) knowingly provides false and misleading material information or knowingly fails to disclose material information in an application for the
permit.
I. No permit shall be issued for any Brand or Sub-Brand of cigarettes that is not certified as compliant with New York State fire-safety
standards for cigarettes pursuant to New York State Executive Law Section 156-c, as identified on the list of certified brands and sub-
brands maintained by the Office of Fire Prevention Control of the New York Secretary of State.
J. No permit shall be issued for any Brand or Sub-Brand of Tobacco Product that is not allowed to be sold in the City of Buffalo pursuant
to Section 195-7, below.
K. No permit shall be issued, and any existing permits shall be revoked, for the Brands or Sub-Brands of any Tobacco Product
manufacturer or importer that has, within the past two years, been convicted of violating any federal, state or other criminal laws
prohibiting trafficking in contraband Tobacco Products.
L. Any Brands or Sub-Brand of Tobacco Products without a permit under this Chapter that are offered for sale to consumers in this City
shall immediately be confiscated by the Buffalo Police Department or the Department. Any such confiscated Tobacco Product Brands or
Sub-Brand that do not have a permit under this Chapter shall be destroyed unless used for enforcement or research purposes.
M. The Department shall regularly update the list of Tobacco Product Brands and Sub-Brands that have a valid permit pursuant to this
Section and may be legally sold to consumers in the City of Buffalo, and shall make that list available to those licensed to sell Tobacco
Products in the City and to the public by posting the list on the City's website and through other means.
N. Upon request from the Department, any person selling Tobacco Products in the City of Buffalo shall provide the Department with a
list of all Brands and Sub-Brands of Tobacco Products the seller sells or offers for sale in the City and shall identify the person or other
source from which the seller obtains each of those Brands and Sub-Brands. Any information provided to the Department pursuant to this
Subsection shall be used only to administer and enforce this Chapter and any other laws relating to the sale of Tobacco Products in the
City of Buffalo.
O. Subsections A and L of this Section shall not apply to the sale of any tobacco product brands or sub-brands by a permanent retail
sales outlet (which is not a part of a larger retail outlet) that does not at any time admit any person under the age of 18 and obtains no less
than 75% of its revenues from the retail sale of Tobacco Products and other tobacco-related items.
§ 195-4. Administration and Enforcement of Permits and Licenses.
A. The Department may issue any regulations or guidelines necessary to implement, administer or enforce this Chapter.
B. Any license or permit granted under this Chapter may be suspended or revoked for cause by the Common Council, after notice and
hearing.
C. The procedure for governing license and permit renewals pursuant to this Chapter shall follow the same procedures used for food
store licenses under Chapter 194, Subsection 194-7.1, including its references to Section 194-7.
D. The Department shall establish a process for receiving and investigating reports from the public and others relating to the suitability of
applicants for licenses or permits and to suspected or observed violations of this Chapter.
E. The City of Buffalo reserves the right to make unannounced, periodic on-site inspections during business hours by the Department or
other enforcement officials to ensure compliance with all applicable laws and ordinances. The Department, or a person authorized by the
Commissioner to act on the Department's behalf, shall make at least one unannounced inspection each year of each location subject to a
license issued pursuant to this Chapter to ensure compliance with this Chapter and identify any violations.
F. To avoid duplicated efforts, conserve funding, and enhance the administration and enforcement of this Chapter, the Department may
coordinate its efforts to implement and enforce this Section and this Chapter with other New York state or local governments or
governmental agencies with similar laws and make use of any information or other resources available from those other governments or
agencies.
G. The issuing of any license or permit pursuant to this Section or Chapter shall not confer any property rights on any holder of any such
license or permit.
H. The Department shall maintain regularly updated lists of the persons holding a license or permit pursuant to this Chapter and make
those lists publicly available by posting the lists on the City's website and through other means.
§ 195-5. Restrictions on the distribution or sale of free or discounted Tobacco Products.
A. No person shall for commercial purposes:
(1) offer or distribute to consumers in the City of Buffalo any Tobacco Product for free or for a nominal price;
(2) offer for sale or sell any Tobacco Product to consumers in the City at a nominal price or at Less than Basic Cost;
(3) distribute or cause to be distributed to consumers in the City any coupon or other item redeemable by consumers to obtain a Tobacco
Product for free, at a nominal price, or for less than its Listed or Non-Discounted Retail Price;
(4) shall accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any
Coupon for providing consumers in the City any Tobacco Product for free, at a nominal price, or for less than its Listed or Non-
Discounted Retail Price;
(5) sell to consumers in the City any Tobacco Products through any multi-pack discounts (e.g., "buy-two-get-one-free") or otherwise
provide any Tobacco Products to consumers for free or at a discounted price in exchange for the purchase of any other Tobacco Product;
or
(6) sell to consumers in the City any Tobacco Product at less than its Listed or Non-Discounted Retail Price.
B. For the purpose of this Section:
(1) "Coupon" shall mean any card, paper, note, form, statement, ticket or other issue distributed for commercial or promotional purposes
to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price; and
(2) "Listed or Non-Discounted Retail Price" shall mean the higher of the price listed for a Tobacco Product on its package or the price
listed on any related shelving, posting, advertising or display at the place where the Tobacco Product is sold or offered for sale plus all
applicable taxes if such taxes are not included in the stated price, and before the application of any discounts or coupons; and
(3) "Less Than Basic Cost" shall mean less than the price actually paid by the seller to obtain the Tobacco Product, not including any
rebates or other payments or credits obtained after the initial purchase, or, if higher, the following amounts plus all applicable state and
local taxes:
(i) for cigarettes, $3.00 per 20;
(ii) for conventional moist snuff smokeless tobacco, other loose smokeless tobacco, and loose tobacco for smoking, $3.00 per 1.2
ounces;
(iii) for cigars weighing more than four and a half pounds per thousand, 50 cents per cigar;
(iv) for cigars weighing less than four and a half pounds per thousand, $3.00 per 20;
(v) for any other Tobacco Products sold in discrete single-use units or packages of such single-use units (such as smokeless lozenges,
tablets or sinus), $3.00 per 20; and
(vi) for any other Tobacco Products, $3.00 per package or $3.00 per ounce, whichever is higher.
Starting in 2012, the Commissioner shall adjust these monetary amounts and the monetary amount in Section 195-6 upward every two
years, rounding up to the nearest ten cents, effective April 1, to account for inflation and Tobacco Product price increases, based on any
percentage increase to the U.S. Bureau of Labor Statistic's Consumer Price Index for Tobacco and Smoking Products over the prior two
complete calendar years.
§ 195-6. Tobacco Product packages.
A. No person shall sell or offer for sale or distribute to consumers in the City of Buffalo any Tobacco Product, other than premium cigars
wrapped in whole tobacco leaf, except in a sealed package provided by the manufacturer or importer that complies with all applicable
laws.
B. No person for commercial purposes shall sell or offer for sale or distribute to consumers in the City any Tobacco Products except in
the following minimum package sizes:
(1) for cigarettes, twenty cigarettes;
(2) for conventional moist snuff, other loose smokeless tobacco, or loose tobacco for smoking, one ounce;
(3) for cigars with a retail price, before any sales taxes, of less than $2.00 per cigar, five cigars;
(4) for all other cigars, one cigar; and
(5) for any other Tobacco Products sold in discrete single-use units (such as smokeless lozenges, tablets or sinus), 10 such single-use
units.
§ 195-7. Restrictions on Flavored Tobacco Product Sales.
A. No person for commercial purposes shall sell, distribute or offer for sale to consumers any Tobacco Product or any component part
thereof that:
(1) has or produces a distinguishable flavor, taste or aroma (other than tobacco, menthol, wintergreen or mint) that can be readily
perceived by a consumer or other person either prior to or during consumption; or
(2) does not have or produce such a distinguishable flavor taste or aroma but is nevertheless labeled or advertised or otherwise marketed
in the City of Buffalo as having or producing such a distinguishable flavor, taste or aroma.
B. A Tobacco Product shall be deemed to be subject to this Section 195-7 if its labeling or advertising or a publicly disseminated official
statement or formal claim by the manufacturer or importer, or by any person authorized or permitted by the manufacturer or importer to
make such statements or claims concerning the Tobacco Product on its behalf, states that the Tobacco Product has or produces a flavor,
taste, or aroma (other than tobacco, menthol, wintergreen or mint) either prior to or during consumption.
C. A Tobacco Product shall not be subject to this Section 195-7 solely because it contains certain additives or flavorings or because it
has certain additives or flavorings included in any ingredient list.
D. For the purpose of this Section 195-7 "Tobacco Product" includes any product containing tobacco or nicotine that is expected or
intended for consumption except for:
(1) any cigarettes subject to the Special Rule for Cigarettes relating to characterizing flavors of the federal Family Smoking and Tobacco
Prevention Act;
(2) any product that has been approved by the U.S. Food and Drug Administration, pursuant to its authority over drugs and devices, for
sale as a tobacco use cessation product or for other medical purposes and is being marketed and sold solely for that approved purpose.
E. The prohibitions in Subsections A and B, above, shalI not apply to any Tobacco Product sold in a permanent retail sales outlet (which
is not a part of a larger retail outlet) that does not a~ any time admit any person under the age of 18 and obtains no less than 75% of its
revenues from the retail sale of Tobacco Products, cigarettes, and other tobacco-related items.
F. The Department shall make public and regularly update a list of any tobacco products subject to this Section 195-7 pursuant to
paragraph A(1) but not subject to this Section pursuant to A(2). No person shall be found to have violated this section 195-7 for the sale
of any tobacco product described in paragraph A(1) that is not also described in paragraph A(2) unless that tobacco product is on the
public list produced by the Department pursuant to this Subsection.
§ 195-8. Non-Approved Nicotine Products.
No product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a
tobacco product as defined by state laws taxing tobacco products and prohibiting their sale to youth, shall be distributed or sold to
consumers in the City of Buffalo unless it has been approved or otherwise certified for legal sale by the United States Food and Drug
Administration as a tobacco use cessation product, or for other medical purposes, and is being marketed and sold solely for that
approved purpose. For the purposes of this Section 195-8, no product containing or delivering nicotine intended or expected for human
consumption shall be considered a tobacco product, even if the nicotine in the product is derived from tobacco, unless the product
actually contains tobacco.
§ 195-9. Required signage at locations selling Tobacco Products.
A. Starting January 1,2011, any person located in the City of Buffalo in the business of selling Tobacco Products to consumers in this
City shall prominently display educational warning signs made available by the Department regarding tobacco products and their use,
harms and addictiveness.
B. The signs referred to in Subsection A may use text, graphics, colors, images or pictures and shall provide information from the
Department and the City about the addictiveness and harmfulness of tobacco use or the benefits from quitting or reducing such tobacco
use and may also provide the following information and messages from the Department and the City:
(1) the telephone number "800-QUIT-NOW (800-784-8669)" or other phone numbers or email or website addresses people can use to
get assistance for quitting their tobacco use;
(2) additional information and guidance regarding quitting or reducing tobacco use;
(3) statements encouraging Tobacco Product users to quit and to use the provided information to get help quitting; and
(4) toll-free telephone numbers, email addresses, or website addresses for reporting any suspected violations of this Chapter or other
laws pertaining to Tobacco Products and related information and guidance.
C. Except as provided in Subsection E, the signs made available by the Department pursuant to this Section shall be no smaller than 144
square inches and no larger than 256 square inches.
D. Except as provided in Subsection E, any business subject to this Section shall, within 90 days of when they are made available,
display the signs made available by the Department pursuant to Subsection C, unobstructed, at all of the following locations with the
bottom edges placed no lower than 36 inches from the floor and the top edges placed no higher than 84 inches from the floor:
(1) at each cash register or place of payment so that they can easily be seen and read by each consumer making a purchase;
(2) if different from the locations described in paragraph (1), at each location where tobacco products are displayed so they can be seen
and read easily by each person considering a tobacco product purchase; and
(3) at each entrance to the business so that they can be seen and read easily by each person entering the business.
E. The Department shall also make available signs that satisfy the requirements of this Section that are no smaller than 324 square
inches and no larger than 576 square inches; and businesses subject to this Section that have a wall behind a sales counter or cash
register to post one such sign on that wall, unobstructed, instead of the signs required at the sales counters or cash
registers in front of that wall by Subsection D, with the bottom edge placed no lower than 48 inches from the floor and the top edge placed
no higher than 90 inches from the floor.
F. For good cause, based upon a written application submitted by a business subject to this Section, the Department may, at its
discretion, alter the requirements of Subsections D and E to accommodate the physical arrangement or size of the business while still
ensuring that the resulting required signs will be clearly visible to all store patrons at the point of entrance and purchase and at any other
location where tobacco products are displayed.
G. To promote the purpose of this Section 195-9 and this Chapter, the Department shall have the authority, in consultation with the City of
Buffalo Wellness Program and other public health experts, to:
(1) issue regulations, rules or other notices to establish more precise requirements relating the placement or location of the signs that
must be displayed pursuant to this Section or to otherwise facilitate the administration and enforcement of this Section;
(2) determine the actual size and content of the signs within the parameters and requirements of this Section;
(3) produce the signs that comply with this Section or obtain them from other sources;
(4) offer or distribute the signs to businesses subject to this Section for free or at a reasonable price that is not significantly more than
necessary to cover any expenditures by the Department related to obtaining, producing and distributing the signs which are in excess of
the revenues obtained by the Department pursuant to Section 195-3.E and allocated by the Department to support the administration of
this Section 195-9;
(5) periodically modify the text, images or other content of the signs made available by the Department pursuant to this Section based on
the Department's determination that such modifications may help to education consumers about tobacco use and its harms, otherwise
help to prevent and reduce tobacco use and its harms, correct misinformation among consumers about tobacco products or their use and
harms, assist the enforcement of this Section 195-9 and this Act; or otherwise promote the purposes of this Section and this Act;
(6) require no more than three times per year that businesses subject to this Section 195-9 replace some or all of the signs posted at their
business pursuant to this Section with any new, modified or different versions made available by the Department.
H. In issuing any regulations to implement this section 195-9, the Department shall ensure that the regulations are consistent with any
court rulings relating to Article 181.19 of the New York City Health Code, which provides for a similar system of educational warning signs
at places that sell tobacco products.
§ 195-10. Sales Restrictions.
A. Sale or distribution of Tobacco Products to consumers through a vending machine is prohibited. For the purposes of this Section 195-
10 "vending machine" shall mean any mechanical, electronic or other device that automatically dispenses Tobacco Products, usually
upon the insertion of a coin, bill, token, credit or debit card or other payment item without the active participation of any human seller or
distributor. The owner and operator of the location where an active tobacco vending machine is placed and the owner and operator of
such tobacco vending machine shall each, in addition to any other applicable penalties, be subject to the fines contained in Chapter 175
of this Code. Any tobacco vending machine found by the Department to be in operation in violation of this Section 195-10 for a second or
subsequent time, shall be sealed, removed, impounded, or otherwise secured by a member of the police department or any other
authorized enforcement agency so as to prevent such vending machine's continued illegal operation.
B. No sale of Tobacco Products to consumers shall be made unless the person making the sale to the consumer is at least eighteen
years of age, except that the minimum age for a retail outlet's sales staff who are members of the family of the person that both owns and
operates the retail outlet shall be sixteen years of age.
C. No person shall sell or provide for commercial purposes any Tobacco Products to any person who is less than 18 years of age.
D. No person shall sell, offer for sale, or otherwise provide for commercial purposes any blunt wraps to any consumer. For the purposes
of this Subsection, "Blunt Wrap" means any product that is made or sold for encasing, wrapping or rolling tobacco or any other material
for the purpose of smoking, if such product is designed to be filled by the consumer and is: (a) made wholly or in part of tobacco; or (b)
made of paper or any other material that does not contain tobacco and is: (i) intended, when filled by the consumer, to produce a finished
wrap that measures 120 millimeters or more on its longest side, or (ii) sold as a pre-rolled hollow cone, the circumference of which is not
equal at both ends.
§195-11. Tobacco Product Advertising Restrictions.
A. At any facility that sells Tobacco Products to consumers:
(1) the total square footage of all Tobacco Product sign or display-type advertisements inside the facility (as opposed to pamphlets, flyers,
menus, and other handouts) shall not exceed the total square footage of all sign or display type advertisements inside the facility for all
other products and services sold or offered for sale at that facility;
(2) the total square footage of all Tobacco Product sign or display-type advertisements outside the facility on its property shall not exceed
the total square footage of all sign or display type advertisements outside the facility on its property for all other products and services sold
or offered for sale at that facility; and
(3) all indoor or outdoor Tobacco Product sign or display-type advertisements shall:
(i) not contain any human images;
(ii) not contain any cartoons;
(iii) not use any colors other than black and white; and
(iv) be restricted to black text on a white background.
B. The restrictions in Paragraphs A(1) and A(2) shall not apply at any facility that obtains more than 45 percent of its total revenues from
the sale of Tobacco Products.
C. The restrictions in Paragraph A(3) shall not apply to any depictions of Tobacco Product packages or trademarks that, in total,
constitute no more than the smaller of 20 percent or 100 square inches of the advertisement.
D. All outdoor Tobacco Product sign or display type advertisements are prohibited on the property of any elementary or secondary school
and, except for individual advertisements of no more than 100 square inches that are not coordinated with any other advertisements, are
prohibited within 1,000 feet of the perimeter of any such property, except that any facility that sells Tobacco Products to consumers
located within 1,000 feet of any such property may display no more than two non-coordinated outdoor signs of no more than nine square
feet each consisting solely of black text on a white background to notify passersby that Tobacco Products or specific types or brands of
Tobacco Products are available for purchase at that location, and • such signs may provide the names of the types, brands or sub-brands
of any specific tobacco products available for purchase at that location and their prices.
E. Tobacco Product advertisements, including pamphlets, flyers, or menus, shall be provided rely to persons of 18 years of age or older,
as verified pursuant to a government-issued photo ID.] this Subsection E shall not apply to any magazine or other publication sold at the
facility that, maintains ads for Tobacco Products or to any general advertising flyer or any other material available at the facility for which
any ads for Tobacco Products are only incidental or constitute less than twenty-five percent of the space used to advertise all of the
goods -and service advertised in that flyer or in the other materials
F. Upon written application by a seller of Tobacco Products with a valid license pursuant to this Chapter or a manufacturer or importer of
Tobacco Products with a valid permit pursuant to this Chapter, the Commissioner shall allow tobacco product ads in excess of the square
footage restrictions in Paragraphs A(1) or A(2) or the number or square footage restrictions in Subsection D, or allow the use of color or
graphics in a Tobacco Product advertisement subject to Paragraph A(3) or in a sign permitted by Subsection D if the Commissioner
determines that the exceptions:
(1) are necessary to enable the applicant to convey product information to legal adult consumers that cannot be provided to them through
other reasonable means; and
(2) will not create any significant risk of sustaining or increasing Tobacco Product use levels, youth initiation, unplanned impulse
purchases, or related harms.
195-12 Displays of Tobacco Products
For the purposes of this Section 1-95-12 the following terms are defined as follows
1) "Tobacco duct Menu" means a-booklet, pamphlet, or other document meant to be offered to adult customers by a person with a
license to sell Tobacco Products pursuant to this Chapter that contains a listing of the different types; brands and sub-brands of Tobacco
products offered for sale by that person and the prices of those Tobacco Products. The tobacco Product Menu may contain pictures and
descriptions of the different types, brands and sub-brands of Tobacco Products and advertisements fur the different types, brands and
sub-brands of Tobacco Product
2) "Tobacco Product Menu Cover Page" means a page developed and distributed by the department which must serve as the front cover
or first page (if there is no front cover) of tobacco Menu.
B. " Starting thirty days after the Department has distributed the Tobacco Product Menu Cover page pursuant to Subsection C, no person
in the business of selling tobacco products to consumers shall display or permit the display of any Tobacco Product in a manner that
t
permits consumer to view any Tobacco Product prior to purchase. Except as provided for in Subsection 4(B), this Section is noviolated if
for a reasonably necessary amount of time:
1) At the direct request of a customer, who the seller has verified is over the age of 18 through checking a government-issued photo ID,
the seller provides the customer with a specifically requested Tobacco Product so that the customer may inspect the product for quality
and freshness prior to purchase; or
(2) Tobacco Products are temporarily visible during restocking, the sale of the Tobacco products, or the carriage of the Tobacco Products
into or out of the premises.
C. No later than 90 days after the effective date of this Chapter, the Department:
(1) shall develop a Tobacco Product Menu Cover Page that shall include:
(i) information about tobacco products and the adverse health effects of tobacco use;
(ii) an image or picture illustrating the effects of tobacco use; and
(iii) information about how to get help to quit using tobacco products
~
(2) shall distribute a copy of the Tobacco Product Menu Cover Page to all persons with a cerise to sell tobacco products pursuant to this
Chapter. The Department shall post an electronic version of the Tobacco Product Menu Cover Page on a Department or City’s website,
and shall provide a reasonable number of additional copies of the Tobacco Products Menu Cover Page to any adult person upon request;
and
(3) may issue regulations or guidelines regarding the use of the Tobacco Product Menu Cover Page, and it may periodically modify or
update the Tobacco Product Menu Cover
D. No person in the business of selling Tobacco Products to consumers shall
(1) provide a Tobacco Product Menu to any person other than a person who the seller has verified to be 18 years of age or older pursuant
to a government-issued photo ID
(2) provide a Tobacco Product Menu to any person unless it has a Tobacco Product Menu Cover Page as its cover or first page (If there
is no cover) and has a blank back cover or blank last page
(3) modify, deface, or cover the Tobacco Product Menu Cover Page.]
§ 195-13. Penalties.
A. Any person found to have violated this Chapter shall, for a first offense, be liable for a civil penalty of not less than $100 or more than
$500 for each violation and, for any second or subsequent offense, not less than $250 or more than $2,000 for each violation.
B. Any person found to have violated this Chapter shall, for a third or subsequent offense in any two year period, have any licenses issued
pursuant to this Chapter revoked and no new license or permit under this Chapter shall be issued to that person or for any business or
property owned wholly or in part by that person for a period of not less than one year and not more than five years.
C. Any person in the business of selling Tobacco Products found to have knowingly and willfully violated this Chapter may, for a first
offense, have any related licenses issued pursuant to this Chapter revoked and no new license or permit under this Chapter issued to that
person or for any business or property owned wholly or in part by that person for a period not to exceed five years, and any person found
to have knowingly and willfully violated this Chapter shall, for a second offense, have any related licenses issued pursuant to this Chapter
revoked and no new license or permit under this Chapter shall be issued to that person or for any business or property owned wholly or in
part by that person for a period of not less than one year and not more than ten years.
D. In any action brought to enforce this Chapter, the patty bringing the action, if the prevailing party, shall be entitled to recover the costs
of investigation, costs of the action, and reasonable attorney's fees, plus interest; and any City agency or office incurring any such costs
or fees shall be directly reimbursed in full, with interest, and shall retain those funds for its own purposes.
E. Any penalties, damages, reimbursements or fees authorized by this Section or Chapter are cumulative to each other and shall be in
addition to any other penalties, fines, damages, or restitution authorized by law.
F. If a court determines that a person has knowingly violated the provisions of this Section or Chapter, the court shall order any profits,
gains or other monetary benefits from the violation to be disgorged and paid to the City.
G. Notwithstanding any other provision of law, an amount equal to or greater than fifty percent of all civil penalties and fines recovered by
the City under this Chapter shall be provided to the
City departments, offices or agencies responsible for enforcing this Chapter or making related investigations, in rough proportion to their
participation in the enforcement and related investigations, solely to increase and supplement, but not to replace, existing resources
supporting City efforts to enforce this Chapter and to enforce other City laws relating to Tobacco Products.
H. A proceeding to recover any civil penalties or reimbursements or other remedies provided for in this Section may be commenced by the
service of a notice of violation, which shall be returnable to the Bureau of Administrative Adjudication. The Bureau of Administrative
Adjudication shall have the power to impose the civil penalties and other remedies prescribed by this Section or Chapter or in Chapter 175
for violations of this Chapter.
I. Whenever any person has engaged in any acts or practices which constitute a violation of any provision of this Chapter or any rule
promulgated thereunder, the City may make application to a court of competent jurisdiction for an order enjoining such acts or practices
and for an order granting a temporary or permanent injunction, restraining order or other order enjoining such acts or practices or
obtaining any other relief, penalties or damages.
J. Any person acting for the interests of itself, its members, or the general public (hereinafter "the Private Enforcer") may bring a civil
action in a court of competent jurisdiction to enforce this Chapter, including related injunctive relief. Nothing in this Chapter shall prohibit
the Private Enforcer from bringing a civil action in small claims court to enforce any part of this Chapter; and nothing in this Chapter shall
prevent the City of Buffalo from joining in any proceeding initiated by a Private Enforcer. Upon proof of a violation in any such proceeding,
whether or not the City is a party:
(1) all related civil tines, or penalties or payments pursuant to Subsection D, above, shall be paid to the City as called for in this Section
195-12; and
(2) the higher of any other established damages, including any exemplary or punitive damages, or an amount not to exceed $1,000 for
each new violation established by the Private Enforcer's civil action shall be paid to the Private Enforcer, along with all reimbursements
pursuant to Subsection D, above.
K. Starting in 2012 and every two years thereafter, effective April 1, the Commissioner shall increase the monetary amounts of all fines
and penalties in this Section, rounding up to the nearest ten dollars, to account for inflation and Tobacco Product price increases, based
on the percentage increase, if any, to the U.S. Bureau of Labor Statistic's Consumer Price Index for Tobacco and Smoking Products over
the prior two complete calendar years.
Section 2. Amendments to Chapter 175. The Common Council of the City of Buffalo hereby amends Chapter 175, Fees, of the Code of
the City of Buffalo, by adding the following fees:
Chapter 195, Retail Marketing & Sale of Tobacco Products
Section 195-2A, license for the retail sale of Tobacco Products
New license No fee
License renewal No fee
Operating without a license $1,000.00 per day
Prohibited operation of a vending machine $1000.00 per day
Section 3. Conforming Amendment. Chapter 483, Vending Machines, of the Code of the City of Buffalo is hereby deleted.
Section 4. Severability.
(a) If any section, subsection, paragraph, sub-paragraph or other provision of this Act is held invalid, such invalidity shall not affect other
sections, subsections, paragraph, sub-paragraph or provisions of this Act which can be given force and effect without the invalidated
section, subsection, paragraph, sub-paragraph or provision.
(b) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to
businesses engaged in the sale of cigarettes, preempted by the Federal Cigarette Labeling and Advertising Act or any other law, those
requirements or restrictions shall remain in full force and effect only in regard to businesses engaged in the sale of Tobacco Products
other than cigarettes.
(c) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to cigarette
advertising, preempted by the Federal Cigarette Labeling and Advertising Act or any other law, those requirements or restrictions shall
remain in full force and effect only in regard to advertising for Tobacco Products other than cigarettes.
(d) If it is determined by a court of law that any requirements or restrictions established by this Act are, to the extent they apply to
cigarettes and/or smokeless tobacco products, preempted by the federal Family Smoking Prevention and Tobacco Control Act or any
other law, those requirements or restrictions shall remain in full force and effect only in regard to Tobacco Products other than cigarettes
and/or smokeless tobacco products.
(e) If it is determined by a court of law that any provision of this Act is invalid, as written or as applied, the Department shall, pursuant to
the court's ruling, interpret, apply and, if necessary, modify the provision though issuing new guidance, regulation or rules so that the
provision can still be implemented and enforced to the fullest extent possible.
Section 5. Effective date. This Act shall take effect 90 days after its enactment into law.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 74
BY: DEMONE A SMITH
APPOINTMENTS
COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31,2012, conditional upon
the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo
Alexis Hargro
Alison O’Leary
Allison Arnold
Alvina Zielinski
Amanda Finbar
Amy Di Joseph
Anessa Rowland
Angela Y. Croxie
Anita Daniels
Anthony Ando
Anthony J. LiPiana
Anthony J. McHugh
Antonio Borrelli
Antwan Diggs
Arthur O. Eve Jr.
Arthur Kostrzewa
Audrey Cannizzaro
Barbara J. Mantione
Barbara J. Weiss
Barbara M. Chase
BarCal Jones
Beatrice E. Rouse
Benjamin Matta
Bert Pandolfino
Bobbi Nelson
Bogusia Carroll
Brendan J. Kiefer
Brian A. Sullivan
Brian Burke
Brian G. Ross
Brian J. Hayden
Brian J. Higgins
Burt Mirti
Carron Crump
Catherine A. Perry
Catherine D. McNaughton
Catherine Walsh
Cedric Gerald
Charles J. Di Salvo
Charles P. Carier
Charles P. Moore
Charles Panzarella
Cheryl Mulholland
Chet Wrobel
Christopher F. Curtin
Christopher Sterlace
Colleen A. Covell
Connie Zellner
Cynthia J. Selden
Dalonda Walls
Dan Graffam
Dana M. Floriano
Daniel Redmond
Darien Pratchett
David B. Zafuto
David F. Mann Sr.
David Grundy
David J. Pierowicz
David Krug
David Ksaziek
David L. Gilson
David M. Lillis
David Martz
David P. Gilmour
David Pratt
David Yox
Deborah A. Buyers
Deborah A. Siracuse
Deborah Mulhern
Deborah Zdon
Debra A. Blando
Debra A. Williams
Deirdre J. Knightner
Dennis J. Kessler
Dennis J. Richards
Dennis V. Ryan
Derrick Syposs
Diana Foster
Diane Blachura
Donald Crowe
Donald Freling
Donna M. Berry
Doreen Leidolph
Douglas H. Kopp
Dwain Laws
Edgar Martinez
Edith Tinsley
Edward Bennett
Edwin O. Ortiz
Ekua Mends- Aidoo
Elaine Garbe
Elizabeth Bochiechio
Elwood Parsons
Emilio Cicatello
Emily Trimper
Enid Guadalupe
Frank Bifaro
Frank Di James
Frank DiGennaro
Gabriel Sorrentino
Gail M. Allen
Gail Moorhouse
Gail Wojtowicz
Gary Pajonk
Gary V. Fazio
Gary W. Ziolkowski
Gayle Syposs
Gaynell Williams
Gene M. Fronczak
George Campbell
George K. Arthur
Greg Rodemeyer
Gregg G. Blosat
Gregory Robinson
Harold J. Emerson
Harrell Little
Harvey M. Frankel
Heather Humiston
Hilary Berzon
Holly J. McNamara
Irma Lorenzo
Jack L. Kulhanek
Jacqueline French
Jacqueline Todorov
James A. Lema
James A. Stabler
James A. Stabler
James Dunham
James Inman
James L. Hanners
James Wong
Jamie L. Johnson
Jason Shell
Jay LoTempio
Jeffrey R. Weyand
Jeffrey Rinaldo
Jenyne B. Langhorne
Jeremy Martz
Jerome Grasso
Jerome Wszalek
Jessica M. Smith
Jessica Smith Overholt
Joanne M. Gugino
Jodi L. Lombardo
Johanan G. Calcano
John P. Farley
John P. Fecio III
John P. Plevniak
John P. Simich, PhD.
John T. Sexton
John v. Caputo
Jonathan D. Walton
Joseph Gramaglia
Joseph J. Tomizzi
Joseph M. Cook
Joshua Wroblewski
Joy Jermain
Joyce M. DiGiulio
Joyce M. Donovan
Juan L. Phillips
Judith McCabe
Judy Doyle
Julie Kane
Julie Wnek Ryan
Juliet Szymanski
Karen A. Peck
Katherine Orlando
Kathleen C. Hochul
Kathleen Fulle
Kathleen Galla
Kathleen M. Keane
Kelly Terranova
Kerry Saunders
Kevin Coyne
Kevin J. Fitzgerald
Kevin J. Gould
Kevin J. Keane
Kevin J. Lozano
Kevin Luthringer
Kevin T. Biggs
Kevin Wegryn
Kirk C. McKenna
Kristen Betker
Larry J. Schiavone
LaShandra D. Williams
Latifa Mack
Lawrence T. Michalski
Leo McGrath
Leonard Jerozal
Linda D. Siracuse
Linda D. Stanchak
Louis A. Kelly
Louis J. Petrucci
Lynn M. Sacha
Lynn Milligan
Madalene J. Merkl
Magdelena DeLeon
Margaret R. Nowak
Maria Garozzo-Payne
Maria Lisa Doverspike
Maria Suarez
Marian LaMacchia
Marilyn M. Diehl
Mario Alaimo
Mark Blake
Mark E. Leffler
Mark Galvin
Mark J. Fitzpatrick
Mark J. Lauber
Mark R. Maraschiello
Marlene L. Griggs
Marta A. Clark
Mary Beth Wolniewicz
Mary C. Evans
Mary C. Jackson
Mary C. Quinn
Mary E. Zizzo
Mary Pat Schuster
MaryAnn Gray
Maryann Gray
Marylou Maggio
Matthew J. Fisher
Matthew Jowsey
Matthew Sojda
Maureen M. Brinkworth
Maureen McGurn
Melinda Hill
Melissa A. Kilcoyne
Melvin Domagalski
Mia M. Moore
Michael Agostino
Michael Castro
Michael Collins
Michael J. Schieber
Michael L. Muscarella
Michael R. Sullivan
Michael Raab
Michael S. O’Neill
Michele T. Hussar
Michelle A. Mazzone
Michelli Schmitz
Mildred Castro
Monica L. Lalley
Nancy A. Smardz
Nancy Uzdygan
Natalie Perez
Ndidi Nwabugwu
Nicholas Mourgas
Nicole Drye
Noreen E. Walsh
Oswaldo Mestre Jr.
Pamela A. Mix Rush
Paola R. Galante
Patricia A. Ferguson
Patrick A. Roberts
Patrick J. Judge
Patrick Lonergan
Patrick Sole Jr.
Paul C. Simonian
Paul D. Mazur
Paul Delano
Paul M. Banyi
Paul Tarapacki
Paula Sebastian
Peggy J. Feldmann
Peter Filim
Peter L. Klemann
Peter M. Lane
Phyllis A. Ostrowski
Ralph Hernandez
Raul Vazquez Jr.
Raymond McGurn
Reginald Minor
Rhonda Cannon
Rhonda J. Zloty
Ricahard L. Ogorek Jr.
Richard A. Balesteri
Richard Fulinara
Richard W. Wagstaff
Rita Ron
Rob Catilino
Robert A. Barrali
Robert A. Kruetinger
Robert Caico
Robert J. Felschow Jr.
Robert N. Lorenzo
Robert Reynolds
Robin A. Hicks
Robyn Napierala
Robyn Tisdale
Ronald R. Draffin
Ronald R. Wainwright
Ronald Sokolowski
Ronald T. Collins
Rose M. Borczynski
Rosemary Fricano
Ross Kostecky
Sallie A. Blersch
Salvatore P. Losi
Samuel Scinta
Sandie Mendola
Sandra B. Roessler
Sandra McGowan
Scott C. Seifert
Scott Steinwald
Sean K. Buth
Secret Thompson
Sharon Caetano
Sharon Fortunato
Sharon Nelson
Shawn Lavin
Shelley C. Laudico
Sherry L. Kiszewski
Shiana Eve
Shirley D. Jackson
Shirley El- Amin
Stephanie Amico
Stephen Altieri
Steven L. Pieni
Steven M. Casey
Summara Wilson
Susan L. Jester
Susan M. Gonzalez
Susan Trillizio
Tamara M. Van Wey
Tanya M. Hook
Terry Stoner
Thomas A. Brodfuehrer
Thomas A. Gaglione
Thomas Aikin
Timothy J. McCarthy
Timothy Keenan
Timothy M. Curtin
Tracy D. Jones
Tracy Krug
Troy O. Duncan
Valerie Redden
Vanessa D. Soloman
Vanessa Rowe
Vianne Uthman
Vincent Caputo
Vincent P. Ferraraccio Jr.
W. Scott Leuthe
Wendy Pietrzak
Whitney Kemp
William C. Gwizdowski
William Donovan
William J. Mara
William Manuszewski
William Maryniewski
William Sojda
William T. Buyers
Yolanda Rodriguez
Yolanda V. Barrera
Yvonne S. Syph
TOTAL 355
ADOPTED
No. 75
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2012, conditional, upon
the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Africa Richardson
Albert J. Steele
Barbara A. Peoples
Charles L. Davis Sr.
Christine M. Jewitt
Deanna Jo Milewski
Deborah Cielencki
Elena Ruffino
Frank L. Marks Sr.
Grace Campanella
Janice M. Tigg
Jessica Rodriguez
Kathleen A. Grabiec
Kevin Musior
Kristin H. Stevens
Linda L. Parker
Lucinda M. Taft
Lynnette M. Gospodarski
Marian Nowaczyk
Marylou Altieri
Melissa J. Brady
Nora A. Diggins
Patricia S. Szczesny
Renee C. Rechan
Shana A. Swan
Suzanne M. Grillo
Sylvia Young
Teresa L. Taylor
Tracy Caldarella
William E. Carey
Alfred Melchiorre
Michael E. Garrity
Christine Herring
Joseph Catanzaro
David Wayne
Marty Jones
Total 36
ADOPTED
NO. 76
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following the meetings, are scheduled. All meetings are held m" the Common Council Chambers, 13 floor City Hall, Buffalo, New
York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, January 4, 2011 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday, January 4, 2011 at 10:00 o'clock A.M.
Committee on Comm. Dev. Tuesday, January 4, 2011 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, January 4, 2011 at 2:00 o'clock P.M.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event
that there is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's
Office is not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are
made aware.
NO. 77
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. Kearns, the Council adjourned at 2:50 PM
GERALD CHWALINSKI
CITY CLERK