HomeMy WebLinkAbout13-0219NO. 4
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 19, 2013
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Mark J. F. Schroeder
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
LOVEJOY DISTRICT
RICHARD A. FONTANA
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
BONNIE E. RUSSELL
MAJORITY LEADER
MASTEN DISTRICT
DEMONE A. SMITH
DISTRICT COUNCIL MEMBERS
DAVID A FRANCZYK - FILLMORE
JOSEPH GOLOMBEK JR. — NORTH
CHRISTOPHER P. SCANLON -SOUTH
MICHAEL J. LO CURTO — DELAWARE
DARIUS PRIDGEN - ELLICOTT
DAVID A. RIVERA- NIAGARA
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, David A. Franczyk, Christopher P. Scanlon, Demone A. Smith- Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Bonnie E. Russell - Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, Darius G. Pridgen, David A. Rivera, Bonnie E. Russell -
Members
FINANCE COMMITTEE: Christopher P. Scanlon, Chairman, Michael J. LoCurto, Darius G. Pridgen, Bonnie E. Russell, Demone A. Smith -
Members.
LEGISLATION COMMITTEE: Darius G. Pridgen, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera,
Demone A. Smith, - Members.
RULES COMMITTEE: Richard A. Fontana, Chairman, Bonnie E. Russell, Demone A. Smith - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius G. Pridgen, David A. Rivera -
Members
EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., Christopher P. Scanlon, Darius Pridgen - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Bonnie E. Russell —
Members
POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Bonnie E. Russell — Members
PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, Michael J. LoCurto, David A. Rivera, Bonnie E. Russell- Members
WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A. Smith -
Members
INVOCATION PLEDGE TO FLAG
DATE February 19, 2013
FINAL
MAYOR
15.
1-
A. Appointment Commission on Citizen's Rights and Comm Relations(Wilson,Win,
PUBLIC
Granville)
R &F
MAYOR - EXECUTIVE
16.
2-
1. Cit Serv- Submission of Monthly Report - January 2013
CD
3-
2. Plan Bd -SEQR Findings Statement -Bflo Niagara Medical Campus
CD
4-
3. Plan Bd -SEQR -Site Plan Approval Metal Recycling Facility 409/427 Hertel
Execute Releases and Covenants No To Sue
APP
204 /320 Military(North)
CD
5-
3A. Strat Plan- 2013 -14 Annual Action Plan(Yr 39 CDBG) 2013 -17 Consolidated Plan_CD
6-
4. Strat Plan - Kaleida Health Req Easement Rights at Ellicott and Goodrich Streets_CD,CPBD
Change in Contract -Fire and Police Departments Quick Action Plans
7-
5. Strat Plan- Report of Sale 766 E. Amherst(Univ)
APP
8-
6. Strat Plan- Report of Sale 189 Hampshire(Nia)
APP
9-
7. Strat Plan- Report of Sale Oberlin and Ruhland City Owned Lots(Fill)
APP
10-
8. Strat Plan- Rescind Sale & Forfeit Deposit 1422 Bailey(Lodowski)(Lov)
APP
11-
9. Strat Plan- Rescind Sale & Forfeit Deposit 222 Titus(Patterson)(Fill)
APP
12-
10. Strat Plan -Urban Homestead Program Additions to List Eligible Properties
APP
COMPTROLLER
APP
13-
11. Bflo Municipal Water Finance Auth Financial Statements Year Ended 6/30/2012
= R &F
14-
12. Bflo Water Bd Basic Financial Statements Year Ended 6/30/2012
R &F
15-
13. Certificate of Necessity- Transfer in Funds Pol & Fire Pension to Pkg & Towing_R &F
COUNCIL PRESIDENT
26.
16-
14. Response to Audit Report on CC Discretionary Funding
R &F
ASSESSMENT
Report of Bids -Erie Basin Marina The Hatch - Plumbing Contract
17-
15.
NYS Property Tax Law - Waiver for 949 Broadway
R &F
PUBLIC
WORKS
18-
16.
Notification Serial #10656- 10659(waive 45 day)
R &F
19-
17.
Buffalo River- Sediment Remediation and Restoration and Authorization to
Execute Releases and Covenants No To Sue
APP
20-
18.
Change in Contract -City Bldgs/Fac Renewable Energy & Energy Updates
APP
21-
19.
Change in Contract -Fire and Police Departments Quick Action Plans
APP
22-
20.
Change in Contract - LaSalle Pk- Concession Bldg Improvements(Ell)
APP
23-
21.
388 Delaware The Buffalo Club- Encroachments in City ROW
CD
24-
22.
1001 Main St- Encroachments in the City ROW
APP
25-
23.
Permission to Enter Agmnt with FHWA,NYSDOT and BSA for Inspection and
Construction of Fillmore Ave(Masten)
APP
26-
24.
Permission to Increase Contract - Fillmore Ave Streetscape Proj(Ell&Masten)APP
27-
25.
Report of Bids -Erie Basin Marina The Hatch - Electric Contract
APP
28-
26.
Report of Bids -Erie Basin Marina The Hatch - General Construction Contract
29-
27.
Report of Bids -Erie Basin Marina The Hatch - Plumbing Contract
APP
30-
28.
Report of Bids LaSalle Park Skate Plaza(Ell)
APP
31-
29.
Report of Bids Museum of Science Asbestos Abatement(Masten)
APP
32-
30.
Report of Bids Police Comm. Towers Project - Delaware Pk & Police C DistrictAPP
33-
31.
Report of Bid Police HQ Garage Emergency Deck Replacement
APP
34-
32.
Report of Bids Shoshone Pool Guard House Asbestos Sampling & Testing
APP
35-
33.
Webster Block Redev- Common Council to Authorize Subsurface and Overhead
Encroachments Under and Over Public Streets
APP
36-
34.
Appoint Laborer II(Temp)(Max)(Lorenzo)
CS
POLICE
37-
35.
Seized Vehicle- $788.80
APP
38-
36.
Seized Vehicle- $1,771.55
APP
PERMITS AND INSPECTIONS
39-
37.
Food Store (New) 3335 Bailey(Univ)
APP
40-
38.
Food Store (New) 626 Colvin AKA 630 Colvin (Del)
LEG
41-
39.
Food Store (New) 500 Elmwood(Nia)
APP
42-
40.
Food Store (New) 177 French (Fill)
LEG
43-
41.
Food Store (New) 2272 Genesee(Lov)
LEG
44-
42.
Used Car Dealer 160 Abbott (South)
LEG
HUMAN RESOURCES
62- 60. V. Cali, Owner, Use 1456 Hertel to Establish Restaurant and Sidewalk Cafe
45-
43.
Contract Premier Consulting Assoc - Employee Benefits Broker
APP
CITY
CLERK
64- 62. V. Hemphill- Nichols & O -Req Moratorium on All Future Dev in the
46-
44.
Notice of Intention -Name City Owned Pocket Park "Patty Parete Park"
ADOPT
47-
45.
Liquor License Applications
R &F
48-
46.
Leaves of Absence
R &F
49-
47.
Reports of Attendance
R &F
50-
48.
Appoint Assistant Legislative Aide- Masten(Marks)
ADOPT
51-
49.
Notices of Appointments - Council Interns
ADOPT
52-
50.
Notices of Appointments- Temp/Prov/Perm
CS
MISCELLANEOUS
53- 51. LP Ciminelli -Bd Packet Documents - February 2013
ED
54- 52. A. Magierski -Town of Cktg Adopted Resolution Amending Zoning Law
R &F
55- 53. NYSDEC - Brownfield Cleanup Prog 233 S. Elmwood and 234 Delaware(Ell)_R
&F
56- 54. NYSDEC -SEQR Lead Agency Coordination - Request for Info Battaglia
Permission to Hang Flags Along Old Neighborhood Parade Route-APP
Transfer Station - 1037 -1055 Seneca St
CD
57- 55. NYSDEC -Susp of SEQR Process - Battaglia Demo Inc - 1037 -1055 Seneca StCD
Ord Amend -Ch 413 Streets and Sidewalks
58- 56. D. Pridgen - Article Re Ice Hockey at Soldier Field- Expanded Use of Stadium_CD
112-
59- 57. D. Pridgen -How Other Cities Utilize Their Baseball Field When Not in Session
PETITIONS
Telecommunications Resolutions
60- 58. S. Wang, Owner, Use 3233 Bailey, To Erect a 1 Story Restaurant With 1
113-
Apartment(hrg 02 /26)(Univ)
LEG,CPBD
61- 59. D. Eoannou, Agent, Use 1416 Hertel for Sidewalk Cafe in The Special
ADOPT
Zoning District(hrg 2/26)(Del)
LEG,CPBD
62- 60. V. Cali, Owner, Use 1456 Hertel to Establish Restaurant and Sidewalk Cafe
Transfer in Funds - Police & Fire Pension to Pkg Enforce
in Hertel Ave Special Zoning District(hrg 02/26)(Del)
LEG,CPBD
63- 61. C. Auerbach, Agent, Rezone 400 Forest for A Mixed Use Campus/Boutique
Smith
(hrg 03 /05)(North) LEG,CPBD,ZONING
64- 62. V. Hemphill- Nichols & O -Req Moratorium on All Future Dev in the
116-
McCarley Gardens /Fruit Belt Communities(Various Dist)
CD
65- 63. D. Pridgen Petition From N. Green & O Re Unified Code for Outdoor
ADOPT
Wood Boilers
CD
RESOLUTIONS
107- 64. Fontana Appoint Whitney Kemp to Cat Task Force
108- 65. Fontana, etc. Establish and Appointing Members to the Business Regulatory
Task Force
109- 66. Franczyk, etc. Name City -Owned Pocket Park 33 Whitney Pl -"
OPT
Patty Parete Park" (Hrg 3/5)
CD
110-
66A. Franczyk
Permission to Hang Flags Along Old Neighborhood Parade Route-APP
111-
67.
Pridgen
Ord Amend -Ch 413 Streets and Sidewalks
APP
112-
68.
Pridgen
Telecommunications Resolutions
ADOPT
113-
69.
Rivera
Appoint Assistant Legislative Aide II(Santiago)
ADOPT
114-
70.
Scanlon
Transfer in Funds - Police & Fire Pension to Pkg Enforce
APP
115-
71.
Smith
Comm of Deeds -Public Duties
ADOPT
116-
72.
Smith
Comm of Deeds
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
66-
1.
Com 16
Feb 5
Appoint Account Clerk Typist(Perm)(Step 2)(Masullo)(PW)
APP
67-
2.
Com 17
Feb 5
Appoint Motor Equip Mechanic(Prov)(Max)(Nelson)(PW)
APP
68-
3.
Com 18
Feb 5
Appoint Pumping Plant Operator(Prov)(Inter)(Overton Jr)(PW)
APP
69-
4.
Com 30
Feb 5
Notices of Appointments- Temp /Prow /Perm(Cty Clk)
R &F
FINANCE
70-
5.
Res 75
Feb5
Bond Resolution Fire Apparatus(Scanlon)
APP
71-
6.
Res 76
Feb 5
Bond Resolution Snow Fighting Apparatus(Scanlon)
APP
72-
7.
Res 77
Feb 5
Bond Resolution Allen Street Improvements(Scanlon)
APP
73-
8.
Res 78
Feb 5
Bond Resolution Bridge Rehabilitation(Scanlon)
APP
74-
9.
Res 79
Feb 5
Bond Resolution Ellicott Street Improvements(Scanlon)
APP
75-
10.
Res 80
Feb 5
Bond Resolution Infrastructure Improvements(Scanlon)
APP
76-
11.
Res 81
Feb 5
Bond Resolution Kenmore Avenue Infrastructure
Improvements(Scanlon)
APP
77-
12.
Res 82
Feb 5
Bond Resolution Street Lighting- Citywide(Scanlon)
APP
78-
13.
Res 83
Feb 5
Bond Resolution Traffic System Improvements- Citywide(Scanlon)
APP
79-
14.
Res 84
Feb 5
Bond Resolution City Services Bldg Reconstruction/
Renovation(Scanlon)
APP
80-
15.
Res 85
Feb 5
Bond Resolution Downtown Ball Park
(Coca Cola Field) Impr(Scanlon)
APP
81-
16.
Res 86
Feb 5
Bond Resolution Fire Station Rehabilitation- Various(Scanlon)
APP
82-
17.
Res 87
Feb 5
Bond Resolution Hatch Restaurant Additions & Alterations(Scanlon)
APP
83-
18.
Res 88
Feb 5
Bond Resolution Kleinhans Music Hall Revitalization(Scanlon)
APP
84-
19.
Res 89
Feb 5
Bond Resolution Library Improvements Citywide(Scanlon)
APP
85-
20.
Res 90
Feb 5
Bond Resolution Major Municipal Bldgs Reconstruction(Scanlon)
APP
86-
21.
Res 91
Feb 5
Bond Resolution MLK Casino Exterior Renovation(Scanlon)
APP
87-
22.
Res 92
Feb 5
Bond Resolution BPD Bldgs Reconstruction Bflo
Police Precinct(Scanlon)
APP
88-
23.
Res 93
Feb 5
Bond Resolution Polar Bear Exhibit- Buffalo Zoo(Scanlon)
APP
89-
24.
Res 94
Feb 5
Bond Resolution Johnnie B. Wiley Improvements(Scanlon)
APP
90-
25.
Res 95
Feb 5
Bond Resolution Parks Infrastructure Improvements- Citywide(Scanlon)
APP
91-
26.
Res 96
Feb 5
Bond Resolution Parks Vehicles and Equipment Purchase(Scanlon)
APP
92-
27.
Res 97
Feb 5
Bond Resolution Monument Restoration(Scanlon)
APP
93-
28.
Res 98
Feb 5
Bond Resolution Tree Removals & Plantings- Citywide(Scanlon)
APP
94-
29.
Res 99
Feb 5
Bond Resolution Demolitions- Emergency Conditions -
Citywide(Scanlon)
APP
COMMUNITY DEVELOPMENT
95-
30.
Com 1
Feb 5
LDA Webster Block Redevelopment Project -75 Main St(Fill)(Hrg 2/19)
APP
96-
31.
No 33
Feb 5
K. Flemming -Draft Michigan St African American Heritage Corridor Mngt Plan
97-
32.
No 36
Feb 5
Excerpts from Michigan St Comm Legislation: Parks and Recreation Law
R &F
98-
33.
No 69
July 24
D. Rivera- BURA's Down Payment Closing Cost Assistance Program
R &F
99-
34.
Res 74
Oct 18
Residents Complaints of Town Gardens
R &F
100-
35.
Res 99
Feb 22
Towne Garden Apartments
R &F
LEGISLATION
101-
36.
No 40
Feb 5
S. Mucino, Owner, Use 494 Franklin aka 73 Allen to Open an Existing Restaurant
In Allen St Special Zoning District(hrg 2 /12)(Fill) APP W /COND
102-
37.
Res 67
Feb 5
Ordinance Amendment -Ch 316 Peddling & Soliciting -St
Vending(Golombek) RECOMMIT
103-
38.
No 54
Jan 22
D. Pridgen- Concerns Existing Outdoor Wood Boilers
R &F
104-
39.
Res 91
Jan 22
Smoke Free Initiative(Pridgen)
ADOPT
105-
40.
No 58
Jan 22
F. Crngarov, Owner, Use 2516 Main -For Underground Storage Tank, Erect
1 Story Masonry Retail W /Fuel Station and Pole Sign(hrg 1 /29)(Del)RECOMMITT
106-
41.
No 43
Jan 8
Food Store License(New) 1902 Niagara (North)(EDPI)( 441,7/24)( 474,10/2)
R &F
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, FEBRUARY 19, 2013
AT 2:00 P.M.
Present — Richard A. Fontana, President of the Council, and Councilmembers: Franczyk, Golombek Jr., LoCurto, Pridgen, Rivera, Russell,
Scanlon, Smith— 9
Absent — None -
On a motion by Mr. Smith, Seconded by Mrs. Russell, the minutes of the stated meeting held on February 5, 2013 were approved.
FROM THE MAYOR
NO. 1
APPOINTMENT - COMMISSION ON CITIZEN'S RIGHTS AND COMMUNITY RELATIONS
Pursuant to Article XVIII, Section 20 of the Code of the City of Buffalo, I hereby appoint the following individuals to serve on the Commission on
Citizens' Rights and Community Relations Board for a 3 year term, commencing immediately and expiring December 31, 2016.
Gary Wilson, 343 Franklin St. Apt. #6, Buffalo, New York, 14202
Gary Wilson serves as Assistant Legal Counsel for the Buffalo Public Schools. Gary spent time working for the NAACP in Washington, DC and the
Manhattan District Attorney's office in New York City. While a student in Law school, Gary received the Minority Bar Association of Western New
York (MBAWNY) 25th Commemoration Award and the UB Law Faculty Award for his community service help in New Orleans.
Zaw Win, 417 Massachusetts Avenue, Apt. #2, Buffalo, New York, 14213
Zaw Win came to Buffalo by way of a resettlement program through the United Nations High Commissioner of Refugees. After 5 years in Buffalo,
with help from the Westminster Economic Development Initiative, Zaw opened his own Laundromat on Buffalo's West Side, where he continues to
help people in his community by acting as liaison for his growing Burmese community and neighborhood.
David Granville, 11 Plymouth Avenue, Buffalo, New York, 14201
David Granville serves as Employment and Training Coordinator for the Buffalo Municipal Housing Authority and has 16 years of successful public
service. He brings a wealth of expertise and knowledge in human resource and project management. Previously, David acted as the Mayor's Liaison
to Sister Cities and served on the Buffalo Arts Commission as Executive Director. David has served as a board member on numerous non - profit
organizations including the Western New York Pride Center.
I hereby certify that the above mentioned individuals are fully qualified to serve as members of the Commission on Citizens' Rights and Community
Relations.
Byron W. Brown, Mayor
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
NO. 2
SUBMISSION OF MONTHLY REPORT - JANUARY 2013
The Office of Mayor, Division of Citizen Services, hereby submits, for your Honorable Body's review and approval, the monthly reports for the
Mayor's Call and Resolution Center for the month of January 2013, as mandated by Section 6 -20(c) of the City of Buffalo's City Charter. This
monthly statistical report details the number and nature of inquiries, requests and complaints received.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE CITY PLANNING BOARD
NO. 3
PLAN BD -SEQR FINDINGS STATEMENT -BFLO NIAGARA MEDICAL CAMPUS
Buffalo Niagara Medical Campus -North End Development
Findings Statement for the proposed Conventus Medical Office Building
To All Interested and Involved Agendas:
Pursuant to the New York State Environmental Quality Review Act ( "SEQRA "), I am enclosing the City of Buffalo Planning Board's Findings
Statement for the Conventus Medical Office Building ( "MOB ") located at 1001 Main Street, Buffalo, New York.
If you have any questions or concerns regarding the Findings Statements or the Project, please do not hesitate to contact me at the City of Buffalo
Planning Department at (716) 851 -5085.
Sincerely,
Marty Grunzweig
Land Use Controls Coordinator
State Environmental Quality Review Act
Findings Statement
Findings to Approve
Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the City
of Buffalo Planning Board makes the following findings.
Name of Action: Buffalo Niagara Medical Campus - North End Development
Coventus Medical Office Building
Applicants: Ciminelli Real Estate Corporation as agent of F.L.C. 50 High Street Corporation
SEQRA Status: Type I, Positive Declaration
Description of Action: The Applicants are proposing to construct approximately 503,000 sq.ft. ± 7 -story mixed -use medical facility ( "MOB ") on the
east side of Main Street bounded by Goodrich Street to the north, High Street to the south and Ellicott Street to the east in Buffalo, New York
( "Project ").
Location: 1001 Main Street, Buffalo, New York(Project Site)
Lead Agency: City of Buffalo Planning Board
Agency Jurisdiction: Pursuant to §511 -137 of the Charter and Code of the City of Buffalo ( "Code "), the City of Buffalo Planning Board ( "Planning
Board ") has jurisdiction to consider site plan applications for projects whose costs exceed $100,000.00.
Date Final Supplemental Environmental Impact Statement Accepted: June 21, 2011
Date of Lead Agency's Findings Statement: January 27, 2009
Martin Grunzweig
City of Buffalo Office of Strategic Planning
901 City Hall
Buffalo, New York 14202
Phone: (716) 851 -5086
Facts and Conclusions Relied on to Support the Decision
Kaleida Health, Ciminelli Development and the Buffalo Niagara Medical Campus submitted various applications to the City of Buffalo (City)
associated with the BNMC -North End Projects. SEQRA requires state or local governments to assess the potential environmental impacts of their
actions during the planning, review, and decision - making processes for those actions. The public (City, County and State) approvals and permits
required for the individual BNMC - North End Projects constitute the "Action" subject to SEQRA. The intent of SEQRA is to ensure that
governmental decision - making is a balance of social, economic, and environmental factors be considered and weighed in reaching decisions on
proposed activities or actions. Therefore, Agencies must determine whether a proposed action may have a significant effect on the environment, and
if so, prepare or request that an environmental impact statement be prepared.
Pursuant to SEQRA, the Planning Board determined that the Action was a Type I Action and sought and received concurrence from other Involved
and Interested Agencies to be the Lead Agency. Then; on September 23, 2008, the Planning Board determined that cumulatively, the Projects may
have a significant impact upon the environment and issued a Positive Declaration, requiring the Project Sponsors to prepare a DGEIS in accordance
with the Planning Board - approved Scope.
The Project Sponsors prepared and submitted the DGEIS to the Planning Board for review. On October 7, 2008, the Planning Board found the
DGEIS to be in compliance with 6 NYCRR Part 617.9(b), and made a determination that it was adequate to begin public and agency review. The
DGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of Buffalo's website. The
subsequent public comment period began on October 7, 2008 and concluded on November 18, 2008. A public bearing on the DGEIS was held at
the Buffalo & Erie County Public Library on November 6, 2008.
Input from the public review process was received in the form of written comments to the Planning Board throughout the public comment period and
as oral /written comments received during the public hearing. The Planning Board determined that all the comments should be addresse in the form
of a FGEIS. After reviewing the comments, the Planning Board requested that the Project Sponsors prepare the FGEIS. Pursuant to 6 NYCRR Part
617.9(b)(8), the Planning Board reviewed the FGEIS prepared by the Applicants and determined that the FGEIS was complete on January 13,
2009. On January 15, the FGEIS was provided to all Involved and Interested Agencies and to the public at various repositories and on the City of
Buffalo's website. The FGEIS addresses specific substantive comments raised during the public comment period and discusses mitigation
measures which should be used to minimize potential negative impacts from the Projects to the maximum extent practicable.
Subsequent to the completion of the GEIS Findings, three projects (GVI, SNF, and MMTS) have proceeded with development based on the
thresholds, criteria and mitigations established during the GEIS process. However, the MOB project (location and scope) has been modified from its
original proposal, so a DSEIS was prepared to assess the potential change in the impacts analyzed as part of the original SEQRA review process.
Recognizing the nature of the changes, on September 10, 2010, Ciminelli Real Estate Corporation ( "Project Sponsor ") submitted a draft scope and
a Full Environmental Assessment Form ( "FEAF ") to the Planning Board to begin the SEQRA review of the MOB as proposed. The Planning Board
agreed with this determination and on October 12, 2010, accepted the draft scope for the SETS. On November 23, 2010, a Supplemental Draft
Impact Statement was accepted as complete by the Planning Board. A public hearing was subsequently held on December 21, 2010. The public
comment period for the project was open until January 7, 2011.
The Planning Board, as Lead Agency in this process, received and reviewed all of the documentation cited above. On August 3, 2012, the
Applicants submitted a Site Plan and Area Variance Application ( "Application ") to the City of Buffalo Planning Board and Zoning Board of Appeals.
The Application was later amended on January 11, 2013 to remove the hotel component of the original Application and make changes to the exterior
design of the building. The Applications include the aforementioned Letter of Intents, Fall Environmental Assessment Forms and other relevant
exhibits to the Planning Board. The Applicants are seeking Site Plan approval for the approximately 503,000 sq. ft. ± mixed use medical office
building.
Pursuant to the State Environmental Quality Review Act, Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617
( "SEQRA "), a governmental agency is required, prior to taking action on an application, to review the potential environmental impacts of a project to
assess whether the action has the potential to have significant adverse environmental impacts. The Project Sponsors prepared a Draft Generic
Environmental Impact Statement ( "DGEIS ") and Final Genetic Environmental impact Statement ( "FGEIS ") for the entire North End Development on
the Buffalo Niagara Medical Campus. The Applicants, as a result of a change in the proposed location and size of the MOB, prepared a Draft
Supplemental Environmental Impact Statement ( "DSEIS ") and Final Supplemental Environmental Impact Statement ( "FSEIS ") reflective of the
changes in the Project. Pursuant to the processes set forth in the DGEIS, FGEIS and the Planning Board's Findings Statement, the Applicants
have prepared and submitted to the Planning Board the aforementioned FEAFs specifically for the construction of the MOB to assist the Planning
Board in reviewing potential impacts of the Project. The DSEIS and FSEIS also specifically analyzed the potential impacts of this specifics of the
proposed Project and at this location and found that the impacts were minimal.
As such, the proposed construction of the MOB was fully analyzed as part of the Planning Board's SEQRA review and the Planning Board has
determined that the project submitted as part of this Application is consistent with the analysis and findings of the Planning Board in its original
Findings Statements dated January 27, 2009, subject to the changes and subsequent environmental review resulting from the revised Project.
As set forth in the original Findings Statement, the Applicants will be required to comply with all relevant mitigation measures identified in the original
Findings Statement.
CONCLUSION
After evaluating the cumulative environmental, economic, and social impacts of the proposed MOB, and more specifically, the requested site plan
approval, the City of Buffalo Planning Board is approving the proposed Site Plan as the feasible, prudent and practicable alternative which best
balances environmental impacts a with social, economic, and other essential considerations, and that allows for mitigation of all environmental
impacts to the greatest extent reasonable and practicable.
Certification to Approve:
Having considered the DGEIS, FGEIS, the original Findings Statement, SDEIS, FSEIS along with the revised Application materials and
supporting FEAF's and having considered the proceedings, facts, and conclusions relied on to meet the requirements of 6 NYCRR Part 617
(State Environmental Quality Review Act [SEQRA]) the Statement of Findings certifies that:
1. The City of Buffalo Planning Board has considered the relevant environmental impacts, facts, and conclusions disclosed in the DGEIS,
FGEIS, DSEIS, FSEIS and the FEAF's and their supporting materials;
2. The City of Buffalo Planning Board has weighed and balanced the relevant environmental impacts with social, economic, and other
considerations;
3. The City of Buffalo Planning Board, has provided a rational for its decision;
4. The requirements of Article 8 of the Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617
(State Environmental Quality Review Act [SEQRA]) have been met;
5. Consistent with social, economic, and other essential considerations from among the reasonable alternatives available, the actions to be
carried out are those which avoid or minimize, to the maximum extent practicable, adverse environmental impacts disclosed in the
DGEIS, FGEIS, DSEIS, FSEIS and the FEAF's; and
6. That adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating, as conditions to this
decision, those mitigating measures which were identified as practicable in the Planning Board's Findings Statement dated January 27,
2009.
Filing:
The City of Buffalo Planning Board's designees are hereby directed to file and distribute this Findings Statement as required by Article 8 of the
Environmental Conservation Law and the implementing regulations, 6 NYCRR Part 617 (State Environmental Quality Review Act[SEQRA]).
Certification:
These findings were adopted by majority vote of the City of Buffalo Planning Board at a duly called meeting held on January 29, 2013.
City of Buffalo Planning Board
James Morrell
Chairman
January 29, 2013
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.4
PLAN BD -SEQR -SITE PLAN APPROVAL METAL RECYCLING FACILITY
490/427 HERTEL 204/320 MILITARY(NORTH)
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non - Significance
Project Number A/P # 186458 Date: February 12, 2013
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to 8 (State Environmental Quality Review Act) of the
Environmental Conservation Law.
The City of Buffalo Planning Board as lead agency, has determined that the proposed action described below will not have a significant adverse
environmental impact and a Draft Impact Statement will not be prepared.
Name of Action:
Application for Site Plan approval submitted by Ben Weitsman & Son of Buffalo, LLC, for a Metal Recycling Facility to be located on a former auto
salvage yard that encompasses the following street addresses: 409/427 Hertel Avenue and 204/320 Military Road, City of Buffalo, County of Erie,
New York.
SEQR Status: Unlisted
Conditioned Negative Declaration: NO
Description of Action:
The project involves the redevelopment of a site previously used as an auto salvage yard into a modern collection center for ferrous and non - ferrous
metals. There will no longer be on -site storage of scrap vehicle or parts. The former owner's operations will be cleared and the site will be fully paved
and contained by fencing. The facility operations will include a 720 sq. ft. fluid recovery structure, a single story 720 sq. ft. scale house /office
building, a 5,000 sq. ft. metals building and two truck scales. Materials recovered in this operation will be transported off -site for recycling or lawful
disposal.
A facility layout and a location map is attached to the Negative Declaration for reference.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 6
2013 -2014 ANNUAL ACTION PLAN
(YEAR 39 COMMUNITY DEVELOPMENT BLOCK GRANT) [:2013 -2017 CONSOLIDATED PLAN
Attached for Your Honorable Body's consideration, please find executive summaries for the City of Buffalo's proposed 2013 -2017 Consolidated
Plan and the 2013 -2014 Annual Action Plan. The executive summaries are informational items. Pursuant to U.S. Dept. of Housing & Urban
Development's citizen participation requirements, full copies of the proposed Consolidated Plan and Annual Action Plan are being finalized and will
be made available at a public hearing on February 20, 2013 at the Central Library Auditorium, 1 Lafayette Square at 6:00 p.m.
The purpose of the Consolidated Plan is to guide funding decisions regarding the use of federal resources. The resources must be spent pursuant
to a plan. The City of Buffalo has prepared the Consolidated Plan to strategically implement federal programs that fund housing, community
development and economic development activities within the City over the next five years - -from May 1, 2013 to April 30, 2018.
The City has also prepared an Annual Action Plan for FY 2013 (May 1, 2013 -April 30, 2014) in accordance with the projected allocation of
$15,216,804 in funds:
Community Development Block Grant $11,321,498
HOME Investment Partnership Grant $ 2,356,896
Emergency Shelter Grant $ 1,070,312
Housing Opportunities for Persons with AIDS $ 468,098
This Annual Action Plan identifies the funding for projects that address the City's most critical needs in economic development, neighborhood
revitalization, housing development, and Oublic services for low- and moderate - income households and the homeless population
Based upon conversations with HUD, we are anticipating a 15% cut in all grant allocations for FY 2013. Final allocations have not been released as
of this date and are not expected to be received until the Spring. Cuts have generally been made evenly across programs. Funding is directed
toward investment in neighborhoods and housing. Accordingly, the Mayor's budget includes funding for infrastructure improvements park
improvements, public services, job creation, and housing rehabilitation.
As outlined in the Annual Action Plan Executive Summary, the proposed 2013 -2017 Consolidated Plan and the City's 2013 -2014 Annual Action
Plan have been developed through a public hearing process.
When the final budget for FY 2013 is announced, the FY 2013 Annual Action Plan budget reflecting the actual funds to be received for the
abovementioned programs will be resubmitted to this Honorable Body.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 6
KALEIDA HEALTH REQUEST FOR EASEMENT RIGHTS AT ELLICOTT STREET NEAR
GOODRICH STREET AND AT GOODRICH STREET FOR KALEIDA TO CONSTRUCT
TWO UNDERGROUND /BELOW STREET SURFACE PERMANENT TUNNELS TO CONNECT
THE NEW WOMEN'S AND CHILDREN'S HOSPITAL UP WITH BUFFALO GENERAL HOSPITAL
Ellicott District
The Office of Strategic Planning, Division of Real Estate, has received a request from Kaleida Health requesting that the City grant Kaleida certain
easement rights at and under Ellicott Street and at and under Ellicott Street and Goodrich Street allowing Kaleida to construct two permanent
tunnels connecting the new Women's and Children's Hospital facility at 818 Ellicott Street and Buffalo General Hospital. One of the tunnels will be
for passage and access for personnel and supplies /equipment between the two hospitals and the other tunnel will be for extending utilities and
utilities infrastructure between the two hospitals.
I have attached the proposed easement agreements for your review and approval.
The easement agreements will help facilitate the redevelopment of the 818 Ellicott Street site into the new Women's and Children's Hospital.
The Department of Public Works, Parks & Streets has indicated that they have no objections to the proposed tunnels based on the preliminary
layout and believes any issues that arise can be readily addressed and responsibly handled.
In accordance with Article 27.5 of the City Charter, Kaleida commissioned Howard P. Schultz & Associates, LLC, appraisers to estimate the fair
market value of the easement areas on the subject streets property. Mr. Schultz has estimated the fair market value of the easement areas to be
$37,950. The City of Buffalo Appraisal Review Board concurs with the Appraiser's estimate of the value of the easement areas. Kaleida has agreed
and is prepared to pay a total of $37,950 for the easements for the use of a subsurface portion of Ellicott Street and a subsurface portion of Ellicott
Street and Goodrich Street for the above described tunnels objectives.
Since this involves granting a party (Kaleida Health) easement interests in public space (subsurface sections of Ellicott Street and Goodrich Street),
the same procedures involved in an abandonment or closing of a street are applicable and advisable. Therefore, in accordance with the City Charter,
the abandonment and closing of a street or right of way is a matter that is referable to the City of Buffalo Planning Board for their review and
recommendation.
The City of Buffalo Planning Board has been involved in concluding the appropriate SEQR related matters regarding this project.
I am recommending that Your Honorable Body approve the proposed easement agreements between the City and Kaleida Health, providing the
following conditions are satisfied:
1. The City of Buffalo Planning Board recommends and or approves the right of way /easement area to the extent necessary,
2. In accordance with standard abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public hearing and to
direct the publication of a five day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be conducted at 2:00 P.M. in the
Council Chambers on the 5th of March, 2013,
3. There are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common Council,
4. That the final design /plans in reference to the easement areas are to be submitted to the Department of Public Works for their review and
approval before construction can start,
5. That the Department of Public Works is kept apprised of the construction project and that the Department of Public Works monitors the progress
of any right of way concerns or issues, if and when they should arise,
6. Kaleida Health agrees to address any right of way and utility concerns or issues, if and when they should arise, to the satisfaction of the
Department of Public Works,
7.Any and all utilities located within the easement areas will be preserved and protected as necessary and /or otherwise addressed to the satisfaction
of the Department of Public Works,
8. The official granting of the easement interests under the affected public' rights of way will not become effective until the easement agreements
creating and conveying the easement interests are filed in the Erie County Clerk's Office, and
9. The terms and conditions of the proposed easement agreements shall be substantially similar to those outlined in the attached easement
agreements. The final drafts of the easement agreements shall be negotiated to finalization and subject to review and approval of the Department of
Public Works and the City of Buffalo Corporation Counsel's Office.
I am recommending that Your Honorable Body approve the proposed easement agreements with Kaleida Health in consideration of the foregoing
and for payment in the amount of $37,950 for the easements providing the above stated conditions are satisfied and further that Your Honorable
Body:
1. Authorize the Mayor to execute the easement agreements to be negotiated to finalization and approved to form by the Law Department to
facilitate the new Women's and Children's Hospital project at 118 Ellicott Street; and
2. Authorize pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to
achieve the purpose and objectives of the easement agreements and the foregoing.
Brendan Mehaffy
Executive Director of the City's Office of Strategic Planning
Copy available for review in the City Clerk's Office
REFERRED TO THE COMITTEE ON COMMUNITY DEVELOPMENT AND CITY PLANNING BOARD
NO. 7
STRAT PLAN - REPORT OF SALE 766 EAST AMHERST
W CORNER SUFFOLK LOT SIZE: 65'X 110' Assessed Valuation: $7,000. (University District)
The Office of Strategic Planning, Division of Real Estate has received a request from Westminster Foundation, Mr. David Chamberlain, 465 Main
Street, Suite 510, Buffalo, New York 14203 to purchase 766 East Amherst Street. The vacant lot will be used for community beautification creating
green space with benches and trees.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis was conducted and found values ranging from Thirty Six Cents ($.36) to Eighty Cents ($.80) per square foot.
Mr. Chamberlain has agreed and is prepared to pay Three Thousand Five Hundred Dollars ($3,500), Fifty Cents ($.50) per square foot for the
subject property. He has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 766 East Amherst Street to Westminster Foundation, Mr. David Chamberlain in
the amount of Three Thousand Five Hundred Dollars ($3,500).
1 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.
CHRISTIE R. NELSON
DIRECTOR OF REAL ESTATE
OFFICE OF STRATIGIC PLANNING
Mr. Smith moved:
That the above item be, and the above item from the Office of Strategic Planning, dated February 11, 2013, be received and filed;
That the offer from Mr. David Chamberlain, on behalf of Westminster Foundation, of 465 Main Street, Suite 510, Buffalo, New York 14203, in the
amount of Three Thousand Five Hundred Dollars ($3,500.00) for the purchase of 766 East Amherst, 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 9 NOES 0
NO. 8
STRAT PLAN -REORT OF SALE 189 HAMPSHIRE
149' NE Plymouth Lot Size: 30'x 112" Assessed Valuation: $4,700(Niagara)
The Office of Strategic Planning, Division of Real Estate received a request from Mr. Joseph Marchese, 472 Normal Avenue, Buffalo, New York
14213 to purchase 189 Hampshire Street. Mr. Marchese owns and resides at 472 Normal. He also owns the apartment building at 470 Normal.
Both properties are adjacent to 189 Hampshire. The vacant lot will be used for 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.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Three Cents ($73) to One Dollar
and Fifty Cents ($1.50) per square foot.
Mr. Marchese has agreed and is prepared to pay Three Thousand Dollars ($3,000), Ninety Cents ($.90) per square foot for the subject property. He
has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 189 Hampshire Street to Mr. Joseph Marchese in the amount of Three Thousand
Dollars ($3,000). 1 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. Smith moved:
That the above item be, and the above item from the Office of Strategic Planning, dated February 11, 2013, be received and filed;
That the offer from Mr. Joseph Marchese, of 472 Normal Avenue, Buffalo, New York 14213, in the amount of Three Thousand Dollars ($3,000.00) for
the purchase of 189 Hampshire, 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 9 NOES 0
NO. 9
REPORT OF SALE - OBERLIN AND RUHLAND CITY OWNED VACANT LOTS
Polish Community Center of Buffalo, Inc. d /b /a Lt. Col. Matt Urban HSC of WNY (Fillmore District)
The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Marlies Wesolowski, on behalf of the Polish Community
Center of Buffalo, Inc., d /b /a Lt. Col. Matt Urban HSC of WNY, 1081 Broadway Street, Buffalo, New York 14212 to purchase the attached list of
City owned vacant lots on Oberlin and Ruhland Street. The Polish Community Center intends to construct and develop a two story apartment
complex with twenty unit apartments for homeless women. The Polish Community Center has demonstrated they have $3.8 Million from NYS
Homeless Housing and Assistance Corporation (HHAC), $1.87 Million from Housing and Urban Development (HUD) and $280 Thousand from
Federal Home Loan Bank of New York (FHLB) for this project. No City money is involved in the development.
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 Polish Community Center commissioned Gerald T. Schmitt, real estate appraiser, of GAR Associates, Inc. to estimate the fair market value of
the attached list of City properties on Oberlin and Ruhland. He has estimated the fair market value to be Twenty Two Thousand Dollars ($22,000).
The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value.
The Polish Community Center of Buffalo, Inc. has agreed and is prepared to pay Twenty Two Thousand Dollars ($22,000) for the attached list of
properties on Oberlin and Ruhland. 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 said attachment to the Polish Community Center of Buffalo, Inc. and /or entity to
be formed in the amount of Twenty Two Thousand Dollars ($22,000).
1 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.
BRENDAN MEHAFFY
EXECUTIVE DIRECTOR
OFFICE OF STRATEGIC PLANNING
SIGNATURE OF DEPARTMENT HEAD:
Mr. Smith moved:
That the above item be, and the above item from the Office of Strategic Planning, dated February 13, 2013, be received and filed;
That the offer from Ms. Marlies Wesolowski, on behalf of the Polish Community Center of Buffalo, Inc. d /b /a Lt. Col. Matt Urban HSC of WNY,
1081 Broadway Street, Buffalo, New York 14212, in the amount of Twenty -Two Thousand Dollars ($22,000.00) for the purchase of City -owned
vacant lots on Oberlin and Ruhland Street listed on the previous communication from the Office to Strategic Planning to the Common Council, dated
February 13, 2013, 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 9 NOES 0
NO. 10
RESCIND SALE & FORFEIT DEPOSIT
1422 BAILEY AVENUE MS. LEIGHANN M. LODOWSKI
(LOVEJOY DISTRICT)
PRIOR COUNCIL REFERENCE: Item #7, March 22, 2011
In the above referenced tem Your Honorable Body approved the sale of 1422 Bailey Avenue to Ms. Leighann Lodowski, 1424 Bailey Avenue,
Buffalo, New York 14206.
Several notices have been mailed to Ms. Lodowski to finalize the sale and close on the transfer of title. Final notice was sent on October 9, 2012
advising that failure to respond would result in rescinding the sale, forfeit the deposit of Two Hundred Dollars ($200) and return the property to our
inventory for future sale. Ms. Lodowski requested additional time to November 13, 2012. This office has not received any further response since
November 2012.
Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 1422 Bailey Avenue to Ms. Leighann Lodowski, the deposit
be forfeited and the property be returned to our inventory for future sale.
CHRISTIE R. NELSON
DIRECTOR OF REAL ESTATE
OFFICE OF STRATEGIC PLANNING
Mr. Smith moved:
That the above item be, and the above communication from the Department of Strategic Planning, dated February 13, 2013, be received and filed;
and
That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 1422 Bailey Avenue and the deposit of Two
Hundred Dollars ($200.00) down payment is forfeited by Ms. Leighann Lodowski, 1424 Bailey Avenue, Buffalo, New York, and that the property be
returned to inventory for sale.
PASSED
AYES 9 NOES 0
NO. 11
RESCIND SALE & FORFEIT DEPOSIT
222 TITUS AVENUE MR. GARY L. PATTERSON
(FILLMORE DISTRICT)
PRIOR COUNCIL REFERENCE: Item #12, CCP 4/15/08
In the above referenced item Your Honorable Body approved the sale of 222 Titus Avenue to Mr. Gary L. Patterson, 198 Riley Street, Buffalo, New
York 14208.
Several notices have been mailed to Mr. Patterson to finalize the sale and close on the transfer of title. Final notice was sent on May 19, 2010
advising that failure to respond would result in rescinding the sale, forfeit the deposit of One Hundred Forty Dollars ($140) and return the property to
our inventory for future sale. This office has not received any further response since May 2010.
Therefore, I am recommending that Your Honorable Body approve to rescind the sale of 222 Titus Avenue to Mr. Patterson, the deposit be forfeited
and the property be returned to our inventory for future sale.
CHRISTIE R. NELSON
DIRECTOR OF REAL ESTATE
OFFICE OF STRATEGIC PLANNING
Mr. Smith moved:
That the above item be, and the above communication from the Department of Strategic Planning, dated February 11, 2013, be received and filed;
and
That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 222 Titus Avenue and the deposit of One
Hundred Forty Dollars ($140.00) down payment is forfeited by Mr. Gary L. Patterson, 198 Riley Street, Buffalo, New York, and that the property be
returned to inventory for sale.
PASSED
AYES 9 NOES 0
NO. 12
URBAN HOMESTEAD PROGRAM
ADDITIONS TO LIST OF ELIGIBLE PROPERTIES
Prior Council Reference: Item # 7, C.C.P. 11/1/11
Pursuant to the Urban Homestead Amendment of the Urban Renewal Plan approved by the City of Buffalo Common Council (Item # 127, CCP May
14. 2005; further amended as Item #119, CCP July 24, 2007; Item #100, CCP April 27, 2010; and Item #7, CCP November 1, 2011), the Office of
Strategic Planning hereby submits a list of properties acquired through In Rem # 46, which are within approved the Urban Renewal Areas (URA)
and Comprehensive Code Enforcement Areas (CCE).
I am recommending that Your Honorable Body approve the attached listing of homestead eligible properties within the URA and CCE areas as part
of the overall Urban Renewal Plan and that the Mayor be authorized to execute the documents for the transfer of title of the properties to qualified
purchasers.
Copy available for review in the City Clerk's Office
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, dated February 11, 2013, be received and filed; and
That the Common Council hereby approves the list of properties, previously submitted by the Office of Strategic Planning on February 11, 2013,
acquired through In Rem 46 of homestead eligible properties, which are within approved Urban Renewal Areas and Comprehensive Code
Enforcement Areas and authorizes the Mayor to execute the documents for the transfer of title of the properties to qualified purchasers.
PASSED
AYES 9 NOES 0
FROM THE COMPTROLLER
NO. 13
BUFFALO MUNICIPAL WATER FINANCE AUTHORITY BASIC FINANCIAL STATEMENTS AND REQUIRED
SUPPLEMENTARY INFORMATION AS OF AND FOR THE YEAR ENDED JUNE 30, 2012
This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Municipal Water Finance Authority
for the year ended June 30, 2012, and Report of Independent Auditors, Drescher & Malecki LLP, have been distributed to members of the Buffalo
Municipal Water Finance Authority, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and
the Budget Office.
This report is available as a public record for inspection by all interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to
the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons.
Copy available for review in The City Clerk's Office
RECEIVED AND FILED
NO. 14
BUFFALO WATER BOARD
BASIC FINANCIAL STATEMENTS AND REQUIRED
SUPPLEMENTARY INFORMATION AS OF AND FOR THE
YEAR ENDED JUNE 30, 2012
This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water Board for the year ended
June 30, 2012, and Report of Independent Auditors, Drescher & Malecki, LLP, have been distributed to members of the Buffalo Water Board, the
Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the Comptroller, the Division of Accounting and the Budget Office.
This report is available as a public record for inspection by any interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion, prepare a written response to
the report of external audit and file such response with the City Clerk as a public record for inspection by all interested persons.
Copy available for review in The City Clerk's Office
RECEIVED AND FILED
NO. 16
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -12 of the Charter, that it is
necessary that the sum of $ 240,000 be transferred and reappropriated as set forth below:
From:
1730300423002 Police & Fire Pension $240,000
To
11412006 - 480000 Parking & Towing - Other Services $240,000
RECEIVED AND FILED
FROM THE PRESIDENT OF THE COUNCIL
NO. 16
RESPONSE TO AUDIT REPORT ON CC DISCRETIONARY FUNDING
Dear Mr. Schroeder:
Enclosed is the response to the audit report on the Common Council discretionary funding. In response to the audit findings:
1. We plan on adjusting the control of distribution, in that the primary agency will be responsible for all invoices and receipts to be provided. The
contracts will be spelled out stating clearly what the agency is required to use the funding for, and they are to provide all receipts in a timely manner.
2. The new title in the budget line will be Common Council Neighborhood Initiatives.
3. We plan on clearing up the language used in the contracts to be more descriptive in accordance with the Council guidelines.
4. All contracts will be drawn up in a manner that is very detailed description of services provided.
5. Some agencies take on extra projects on behalf of the Common Council therefore the agency would be allowed to do so. Without this funding the
various communities would not receive vital services they rely on.
6. We have addressed item 6 in Common Council general guidelines.
7. Recipients will be informed that tax exempt forms must be provided for ALL purchasing, and they will not receive reimbursement for sales tax
paid.
8. The Council President has contacted Allentown Associates and on January 30 th, they have provided their documentation for the funding they have
received.
Response to Audit Recommendations:
1. We have contacted the Budget division to change the line item to Common Council Neighborhood Initiatives.
2. The reimbursement process would hinder organizations projects who may not have the necessary cash on hand to prepay for items or services.
We anticipate this would cause more problems than solutions.
3. We will provide the proper financial disclosure forms to the Board Members so that the Common Council Funding Policy is properly followed.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NEW YORK STATE PROPERTY TAX LAW §1182
WAIVER FOR UNIQUE SITUATION AT
NO. 17
BROADWAY
CCP #65, FEBRUARY 5, 2013
Pursuant to the February 6, 2013 request of Your Honorable Body, the following is our response to the item referenced above:
It is the understanding of the Department of Assessment and Taxation that the Resolution sponsored by Fillmore District Councilmember Franczyk
to relieve the property assessed as 949 Broadway of accrued interest and penalties by cancellation of the same pursuant to the provisions of Section
1182 of the Real Property Tax Law has already been approved.
The Department of Assessment and Taxation has no objection and agrees that to do so is in the "best interests of the tax district' as set forth in the
statute.
RECEIVED AND FLED
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 18
NOTIFICATION SERIAL #10656
INSTALL NO STANDING
ON ROBERT E. RICH WAY, SOUTH SIDE
BETWEEN THE WEST CURB OF NIAGARA STREET AND A POINT 195 FEET WEST THEREFROM
(NIAGARA DISTRICT)
NO STANDING - 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 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO
STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBIT PERIODS
Robert E. Rich Way, south side between At all times
the west curb of Niagara Street and a
point 195 feet west therefrom
This action is being taken to improve pedestrian visibility and safety at this location.
NOTIFICATIONSERIAL #10657
REPEAL NO PARKING
ON COLLINGWOOD AVENUE, SOUTH SIDE BETWEEN BAILEY AVENUE
AND A POINT 195 FEET WEST THEREFROM (MASTEN DISTRICT)
NO 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY ROHIBITED PERIOD
Collingwood Avenue, south side between At all times
Bailey Avenue and a point 195 feet west
therefrom
This action is being taken to make on- street parking available in an area that had restricted parking for a fire house that is no longer located here.
NOTIFICATION SERIAL # 10658
REPEAL NO PARKING
ON COLLINGWOOD AVENUE, NORTH SIDE
BETWEEN OLYMPIC AVENUE
AND BAILEY AVENUE
(MASTEN DISTRICT)
NO PARKING - REPEAL
Inconformity with Section 49 of Chapter 479 of the Ordinances of the City OfBuffalo, 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 24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the
following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Collingwood Avenue, north side between Olympic At all times
Avenue and Bailey Avenue
This action is being taken to install Type 2K Alternate Parking, to facilitate Streets and Sanitation operations on this street.
NOTIFICATION SERIAL # 10669
INSTALL ALTERNATE PARKING - TYPE II K
C61LINGWOODAVANUE BETWEEN
OLYMPIC AVENUE AND BAILEY AVENUE
( MASTEN DISTRICT)
NO PARKING (ALTERNATE - TYPE II K) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances Ofthe 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 Subdivisinn24 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following: NO
PARKING
PROHIBITED PORTION OF HIGHWAYPROHIBITED PERIOD
Collingwood Avenue, north side between 6:00 pm Monday to
Olympic Avenue and Bailey Avenue 6:00 pm Thursday
Collingwood Avenue, south side between 6:00 pm Thursday to
Olympic Avenue and Bailey Avenue 6:00 pm Monday
This action is being taken to install Type 2K Alternate Parking, to facilitate Streets and Sanitation operations on this street,
RECEIVED AND FILED (Waive 45 Days)
NO. 19
BUFFALO RIVER - GREAT LAKES NATIONAL PROGRAM OFFICE SPONSORED RIVER SEDIMENT REMEDIATION AND RIVER HABITAT
RESTORATION OF THE BUFFALO RIVER "AREAS OF CONCERN" AND AUTHORIZATION TO EXECUTE RELEASES AND COVENANTS
NOT TO SUE IN CONNECTION WITH DREDGING AND HABITAT RESTORATION IN THE
RIVER AREAS ADJOINING CERTAIN CITY -OWNED STRUCTURES /IMPROVEMENTS
The Great Lakes National Program Office in conjunction with Honeywell, the United States Environmental Protection Agency, the United States
Army Corps of Engineers, the Buffalo Niagara Riverkeeper and the New York State Department of Environmental Conservation are engaged in the
design and implementation of an extensive sediment remediation and habitat restoration project in and at the Buffalo River (the "Project "). The
Project cost is estimated to be in the range of up to the amount of approximately $43,200,000 of which half is expected to come from the federal
government, with the other half coming from non - federal sponsors. The City owns at least three structures /improvements along the Buffalo River
which are categorized as "critical structures" meaning that the structures /improvements are actually adjoining or in the Buffalo River thereby
necessitating individualized engineering focus /attention from the City as well as the execution of "Releases And Covenants Not To Sue" in order to
proceed to sediment removal and habitat restoration. In the case of the three City -owned "critical structures /improvements" which are the "Concrete
Central" facility at 175 Buffalo River, the " Cargill's" facility at 2 Buffalo River and the improvements /ships at the Naval Park near Central Wharf and
Erie Basin Marina, special attention was given by DPW Engineering, the City Law Department and DPW's outside consulting engineers to review
pertinent engineering methodologies and slopes /grades analysis for the sediment dredging and habitat restoration objectives leading to the
conclusion that the sediment dredging and habitat restoration objectives at the three City -owned critical structures /improvements should proceed.
This is beneficial to the City in that long present river sediments with industrial contaminants deposited therein over the course of the history of
Buffalo's heavy industrial era from before the time of modern environmental regulations will be removed permanently. This will increase the river
water quality and enhance the quality of life for residents.
Accordingly, I am requesting authorization for me to execute the form of Release and Covenant Not To Sue in substantially the form as is attached
to this communication.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated
February 13, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of
Public Works, Parks and Streets to execute "Releases And Covenants Not To Sue" in order to facilitate /proceed to sediment removal and habitat
restoration in the case of three City -owned critical structures improvements which are the "Concrete Central" facility at 175 Buffalo River, the
Cargill's facility at 2 Buffalo River and the Improvements /ships areas and areas at and near the Naval Park and near Central Wharf and Erie Basin
Marina.
PASSED.
AYES -9 NOES -0
NO. 20
CHANGE IN CONTRACT
CITY BUILDINGS /FACILITIES
RENEWABLE ENERGY & ENERGY UPDATES
JOB #1037
VARIOUS DISTRICTS
I hereby submit to Your Honorable Body the following change for City Buildings /Facilities, Renewable Energy & Energy Updates, David
Homesbuilders, C #93000662.
1. By contract, David Homes was required to leverage other federal and state incentives and rebates to grow the City's Energy Efficiency and
Conservation Block Grant (EECBG) Program and advance the City's goals. David Homes has successfully leveraged federal and state programs,
and has applied and received incentives and rebates totaling $307,421.84. Per the requirements of the Department of Energy (DOE) financial
accounting memo, these funds must be rolled back into the contract to provide additional renewable energy and energy upgrades to the City of
Buffalo facilities.
The foregoing change results in a net increase in the contract of Three Hundred Seven Thousand Four Hundred Twenty One and 84/100 Dollars
($307,421.84).
Summary Current Contract Amount $2,736,900.00
Amount of Change Order# 1 $260,000.00
Amount of This Change Order $307,421.84
Revised contract Amount $3,304,321.84
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are
available in 20980006 - 434000 - 10443.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated
February 13, 2013, be received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #2 in the amount of
$307,421.84 (Original Contract Amount $2,736,900.00 + Change Order #1 $260,000.00 + Change Order #2 $307,421.84 for a Revised Contract
Amount of $3,304,321.84) for City Buildings /Facilities, renewable energy and energy updates to David Homesbuilders, C #93000662. Funding is
available in Account 20980006 - 434000 - 10443.
PASSED
AYES 9 NOES 0
NO. 21
CHANGE IN CONTRACT
FIRE AND POLICE DEPARTMENTS
QUICK ACTION PLANS
JOB #1215
VARIOUS DISTRICTS
I hereby submit to Your Honorable Body the following changes for the Fire and Police Departments, Quick Action Plans, Cannon Design, C
#93000951.
1. Additional Medical Campus facilities not identified in the original contract. Crisis Management System equipment upgrades to support the
attached IT Plan. Additional high risk facilities to be mapped for the BFP Quick Action Plans (QAPs).
The foregoing change results in a net increase in the contract of Eighty Five Thousand Six Hundred Fourteen and 51/100 Dollars ($85,614.51).
Summary: Original Contract Amount $545,960.00
Amount of This Change Order ( #1) $85,614.51
Revised Contract Amount $631,574.51
1 certify that this increase is fair and equitable for the work involved and respectfully request that Your Honorable Body approve the subject change
order and authorize the Commissioner of Public Works, Parks & Streets to approve the change order. Funding for this change order is available in
2470466- 434000 -10455 ($85,374.51) and 32320706 445100 ($239.97) - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated
February 13, 2013, be received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of
$85,614.51 (Original Contract Amount $545,96.00 + Change Order #1 $85,614.51 for a Revised Contract Amount of $631,574.51) for the Fire and
Police Departments Quick Action Plans to Cannon Design, C #93000951. Funding is available in Accounts 2470466- 434000 -10455 and 32320706
445100 - Buildings.
PASSED
AYES 9 NOES 0
NO. 22
CHANGE IN CONTRACT
LASALLE PARK
CONCESSION BUILDING IMPROVEMENTS
JOB #1236
ELLICOTT DISTRICT
ITEM NO. 16, CCP 12/11/12
1 hereby submit to Your Honorable Body the following changes for LaSalle Park, Concession Building Improvements, Miller Enterprises, C
#93001023.
1. Additional work required: shore precast roof (outer wing walls); Add $ 7,900.00
remove all brick and replace with new brick on outer wing walls.
2. Eliminate the replacement of 20% of original brick. Deduct $ 3,500.00
3. Change bathroom door locks with Folger Adams jail Add $ 3,358.00
house style locks.
The foregoing change results in a net increase in the contract of Seven Thousand Seven Hundred Fifty Eight and 00/100 Dollars ($7,758.00).
Summary: Original Contract Amount $28,700.00
Amount of This Change Order ( #1) $ 7,758.00
Revised Contract Amount $36,458.00
The purpose of this Council Communication is to change the account number for a portion of this change order. Costs have been reviewed by the
Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 32400306 445100
($2,736.42) and 34400206 445100 ($5,021.58), and - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated
February 7, 2013, be received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of
$7,758.00 (Original Contract Amount $28,700.00 + Change Order #1 $7,758.00 for a Revised Contract Amount of $36,458.00) for the LaSalle Park,
Concession Building Improvements to Miller Enterprises, C #93001023. Funding is available in Accounts 32400306 445100 ($2,736.42) and
34400206 445100 ($5,021.58) - Buildings.
PASSED.
AYES 9 NOES 0
NO. 23
388 DELAWARE AVENUE (THE BUFFALO CLUB)
ENCROACHMENTS IN CITY RIGHT -OF -WAY
Mr. Kenneth C. Riter of HHL Architects, acting as agent for The Buffalo Club located at 388 Delaware Avenue, has requested permission to
encroach City right of way at said address.
The Buffalo Club is planning two building additions to the existing structure including a new three story steel masonry addition to the northwest
comer and a three story infill addition on the Trinity Place side of the property. The project has been approved by the Preservation Board, Zoning
Board of Appeals and the City Planning Board.
The proposed encroachments are as follows:
• On Elmwood Ave., foundation concrete footings extend 8" into City right of way. These footings are 4' below grade.
• On Elmwood Ave. and Trinity P1. an ornamental cornice would extend a maximum of 18" into City right of way. This cornice would
be approximately 34' above the sidewalk level.
The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the
City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere
License" for said installation provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits necessary.
2. That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of
Permit and Inspection Services.
3. That the applicant be responsible for maintenance of the encroachments as long as they remain within City right -of -way.
4. That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance and /or bond in an
amount deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City Of Buffalo against any and
all loss and damage arising out of the construction, maintenance, use and removal of said encroachments.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 24
1001 MAIN STREET CONVENTUS MEDICAL OFFICE BUILDING
CIMINELLI REAL ESTATE CORP. ENCROACHMENTS IN THE CITY RIGHTS -OF -WAY
OF MAIN STREET, HIGH STREET AND GOODRICH STREET
Mr. Marc Romanowski, Esq. of Hartar Secrest & Emery LLP, acting as attorney and agent for and on behalf of Ciminelli Real Estate Corporation at
1001 Main Street, has requested permission to set permanent encroachments into the City -owned rights -of -way at and around said 1001 Main
Street address.
Ciminelli as the owner of 1001 Main Street is planning an excavation for construction of a multi -level underground parking facility beneath a
proposed office building to be located at 1001 Main Street. Since the proposed subsurface construction will extend to the property lines, steel rod
type tie backs will be required as shoring for the sheathing (sheet metal side wall construction excavation support) utilized to protect the
structural /roadbase integrity of the rights -of -way of Main Street, High Street and Goodrich Street adjacent to the excavation during the course of the
construction of the subsurface parking facility and above grade approximately seven story office building at the 1001 Main Street property.
The proposed steel rod tie backs encroachments are as follows:
Under Main Street, High Street and Goodrich Street, steel rod tie -backs that start at approximately 10' below surface grade and driven at a
downward outward angle to approximately 30' below surface grade. The deeper ends of the steel rod tie backs are to be grouted /cemented into the
subsurface soil. The steel rod tie -backs will provide lateral support for the sheet piling during the course of excavation and then will be cut and
abandoned in place once the parking ramp structure is built and able to support the sheet piling internally. The sheet piling becomes part of the
subsurface parking facility building's foundation. The steel rod tie backs are to be cut and abandoned in place within the first year after completion of
construction.
The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the
City Charter. I hereby request that Your Honorable Body authorize me as the Commissioner of Public Works, Parks and Streets to initially permit the
applicant to proceed with the required due diligence preliminary to the installation of said steel rod tie backs provided that the applicant be advised
that applicant proceeds at his own risk pending more appropriate all encompassing steel rod tie backs installation authorization action to be taken by
the Common Council, it being expressly stated and understood that the approval sought in this communication is initial and preliminary only. A
further and more appropriately broad and detailed communication shall be forthcoming to the Common Council at a subsequent meeting more
comprehensively addressing the multiple rights of way and property interest matters at stake and seeking final authorization by Your Honorable Body
for the steel rod tie backs installation. This preliminary non - installation authorization sets out the initial conditions to be met by the applicant:
1. That the applicant obtain any and all other City of Buffalo permits necessary,
2. That the applicant obtain written permission to perform the installation work from parties that are occupying the affected rights -of -way,
including but not limited to all utilities and the Niagara Frontier Transportation Authority, and further provided that the applicant agree to abide by any
condition(s) that the said parties may have for the protection of their respective interests and facilities,
3. That the steel rod tie backs encroachments be set up to be installed, to the best extent possible, as shown on plans and specifications to
be submitted to the Department of Permit and Inspection Services and the Department of Public Works, Parks and Streets for their respective
comment, review, amendment and or approval,
4. That agreements be secured that as -built drawings will be provided by the applicant to the Department of Public Works, Parks and Streets once
the tie backs installation authorization has been made by the Common Council and that the encroachments be accurately reported to the NYS Dig
Safely Commission.
5. That the applicant agree in writing to be responsible for any and all maintenance and or problems, liabilities, costs and or damages
associated with the steel rod tie backs into perpetuity and further that said obligations shall run with the land known as 1001 Main Street and that
said obligations shall be binding upon the applicant and all of applicant's successors and assigns and all successive owners having title to the land
known as 1001 Main Street,
6. That the applicant agree to properly abandon the steel rod tie backs encroachments in -place following completion of their structural use,
7. That the applicant supply the Department of Public Works, Parks and Streets with appropriate indemnities and with certificates of
insurance and /or a bond in amounts deemed sufficient by the Corporation Counsel together with written agreements deemed appropriate by the
Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction,
maintenance, use and removal of said steel rod tie back encroachments.
Steven J. Stepniak
Commissioner
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets, dated
February 14, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to initially permit Ciminelli
Real Estate Corp., the applicant, to proceed with the required due diligence preliminary to the installation of said steel rod tie backs provided that the
applicant be advised that applicant proceeds at his own risk pending more appropriate all- encompassing steel rod tie backs installation authorization
action to be taken by the Common Council, it being expressly stated and understood that the approval sought in this communication is initial and
preliminary only.
PASSED
AYES 9 NOES 0.
NO. 25
PERMISSION TO ENTER INTO AGREEMENTS WITH
FHWA, NYSDOT AND BSA FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF
FILLMORE AVENUE BETWEEN N. PARADE AVE. AND E. FERRY ST. CITY OF BUFFALO, COUNTY OF ERIE
MASTEN DISTRICT
PRIOR COUNCIL REFERENCE: (IF ANY) #19 of March 31, 2009
The Federal Highway Administration (FHWA) have designated $3.220M for the design, construction and construction inspection of Fillmore Avenue
between N. Parade Avenue and E. Ferry Street. This project is listed on the New York State Regional Transportation Improvement Program (TIP)
under PIN #5757.76.
In order to move this project forward, this Department is requesting that Your Honorable Body authorize the Mayor and /or this Department to enter
into all necessary agreements with the FHWA, NYSDOT and BSA. These agreements would enable this Department to administer this project and
will cover all necessary work needed to complete the design, inspection and construction of this project.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated February 12, 2013, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter all necessary
agreements with the Federal Highway Administration, the New York State Department of Transportation and the Buffalo Sewer Authority for the
design, inspection and construction of Fillmore Avenue between N. Parade Avenue and E. Ferry Street.
PASSED
AYES 9 NOES 0
NO. 26
PERMISSION TO INCREASE CONTRACT WATTS ARCHITECTURE & ENGINEERING, P.C.
FILLMORE AVENUE STREETSCAPE PROJECT CONTRACT #93000846
PIN #5757.76 ELLICOTT & MASTEN DISTRICTS
Contract Summary:
Contract Amount $240,736.00
+ Amount of change order(# 1) $ 46,266.00
Revised Contract Amount $287,002 00
City share of Change Order ( #1) - 5% or $2,313.30
1 hereby submit to your Honorable Body the following change for this contract. WATTS Architecture & Engineering is the Engineering Consultant for
the Fillmore Avenue Streetscape Project for the City of Buffalo.
This project included study, preliminary and detailed design and construction management /inspection.
This increase is necessary for additional design services not anticipated at the start of design. These design services included the City take -over of
the street lighting system, the introduction of green infrastructure to reduce storm water runoff and the replacement of the City traffic signal
destroyed in an accident at the Fillmore and Riley intersection. This change will complete all design work associated with this project. This is a
federally funded project and the funding breakdown is 80% Federal, 15% State, and 5% City.
I respectfully certify that this increase is fair and equitable for the work involved, and request that your Honorable Body approve the subject change
order and authorize the Commissioner of Public Works, Parks and Streets to issue said increase for $46,266.00. Of this amount, 5% or $2,313.30
is the City share of the change. The Federal and State portions (95 %) have already received approval. The funds are available in Capital Project
Account #31970006 - 445500.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Public Works, Parks and Streets dated
February 6, 2013, be received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the amount of
$46,266.00 (Original Contract Amount $240,736.00 + Change Order #1 $46,266.00 for a Revised Contract Amount of $287,002.00) for the Fillmore
Avenue Streetscape Project to WATTS Architecture & Engineering, C #93000846. Funding is available in Account #31970006 - 445500.
PASSED
AYES 9 NOES 0
NO. 27
REPORT OF BIDS ERIE BASIN MARINA THE HATCH - ADDITIONS AND ALTERATIONS
PHASE 1 ELECTRIC CONTRACT 2013-4
PRIOR COUNCIL REFERENCE: #19 of Sept. 18, 2012
This is to advise Your Honorable Body that I have advertised and received bids on February 12, 2013
The three (3) lowest bids received were:
Contractor Base Bid Total Bid Price
Brown Electric $48,000.00 $50,400.00
6421 Campbell Rd.
Pendleton, NY 14094
Goodwin Electric $48,800.00 $51,240.00
201 S. Youngs Rd.
Williamsville, NY 14221
Industrial Power & Lighting $52,700.00 $55,335.00
701 Seneca Street
Buffalo, NY 14210
1 hereby certify that the lowest responsible bidder for the above project is Brown Electric and I respectfully recommend that Your Honorable Body
authorize a contract award to Brown Electric in the amount of $50,400.00 (Base Bid of $48,000.00 + [5% unit price increases] $2,400.00 equals
[Total Award] $50,400.00).
This funds for this project are available in our Capital Account #35328206 - 445100 and an account to be named at a later date.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 14, 2013, be
received and filed; and
That the Common Council hereby authorizes the commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for
Erie Basin Marina, The Hatch Restaurant electric contract with Brown Electric in the amount of $50,400.00. Funds for this project is available in
Capital Account #35328206 - 445100, and an account to be named at a later date.
PASSED
AYES 9 NOES 0
NO. 28
REPORT OF BIDS ERIE BASIN MARINA
THE HATCH - ADDITIONS AND ALTERATIONS PHASE 1
PRIOR COUNCIL REFERENCE: # 19 of Sept. 18, 2012
This is to advise Your Honorable Body that I have advertised and received bids on February 12, 2013
The three (3) lowest bids received were:
Contractor Base Bid Total Bid Price
Nichter Construction, Inc. $434,400.00 $456,120.00
30 Wildwood Drive
Lancaster, NY14086
Telco Construction, Inc. $457,700.00 $479,850.00
500 Buffalo Rd.
East Aurora, NY 14052
Sicoli Construction Services, Inc. $495,700.00 $520,485.00
4800 Hyde Park Blvd.
Niagara Fails, NY 14305
1 hereby certify that the lowest responsible bidder for the above project is Nichter Construction, Inc. and I respectifully recommend that Your
Honorable Body authorize a contract award to Nichter Construction, Inc. in the amount of $456,120.00. (Base Bid of $434,400.00 + [5% unit price
increases] $21,720.00 equals [Total Award] $456,120.00).
This funds for this project are available in our Capital Account #35328206 - 445100 and an account to be named at a later date.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 14,2013, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement
for Erie Basin Marina, The Hatch Restaurant general construction with Nichter Construction, Inc. in the amount of $456,120.00 Funds for this
project are available in Capital Account #35328206 - 445100, and an account to be named at a later date.
PASSED
AYES 9 NOES 0
NO. 29
REPORT OF BIDS ERIE BASIN MARINA
THE HATCH - ADDITIONS AND ALTERATIONS
PHASE 1 PLUMBING CONTRACT 2013 -2
PRIOR COUNCIL REFERENCE: #19 of Sept. 18, 2012
This is to advise Your Honorable Body that I have advertised and received bids on February 12, 2013
The only bid received was:
Contractor Base Bid Total Bid Price
Numarco, Inc. $94,700.00 $99,435.00
1021 Maple Rd.
Elma, New York 14059
1 hereby certify that the lowest responsible bidder for the above project is Numarco, Inc. and I respectifully recommend that Your Honorable Body
authorize a contract award to Numarco, Inc. in the amount of $99,435.00. (Base Bid of $94,700.00 + [5% unit price increases] $4,735.00 equals
[Total Award] $99,435.00).
This funds for this project are available in our Capital Account #35328206 - 445100 and an account to be named at a later date.
Peter J. Merlo; P. E.
City Engineer
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 14, 2013, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement
fur Erie Basin Marina, The Hatch Restaurant plumbing contract with Numarco, Inc. in the amount of $99,435.00. Funds for this project are available
in Capital Account #35328206 - 445100, and an account to be named at a later date.
PASSED
AYES 9 NOES 0
NO. 30
REPORT OF BIDS LASALLE PARK SKATE PLAZA
JOB #1287 ELLICOTT DISTRICT
I advertised for on December 31, 2012, and received the following formal sealed bids for the LaSalle Park -Skate Plaza, which were publicly opened
and read on February 5, 2013.
Base Bid
Milherst Construction $ 253,900.00
10025 County Rd- Clarence, NY 14032
Pinto Construction $ 288,841.00
1 Babcock St- Buffalo, NY 14210
Paul J. Gallo Contracting $ 299,140.00
P.O. Box 453 -E. Amherst, NY 14051
Titan Development $ 387,300.00
8534 Seaman Rd- Gasport, NY 14067
1 hereby certify that the foregoing is a true and correct statement of all bids received and that Milherst Construction, with a Base Bid of Two Hundred
Fifty Three Thousand Nine Hundred and 00/100 ($253,900.00), is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest
responsible bid. Funding for this project is available in 34400206 - 445100 and other account(s) to be named at a later date.
Steven J. Stepniak
Commissioner
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 11, 2013, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement
for the LaSalle Park -Skate Plaza with Millherst Construction in the amount of $253,900.00. Funds for this project are available in Account
#34400206 - 445100, and other account(s) to be named at a later date.
PASSED
AYES 9 NOES 0
NO. 31
REPORT OF BIDS MUSEUM OF SCIENCE
ASBESTOS ABATEMENT JOB #1233A
MASTEN DISTRICT
I requested on January 22, 2013 and received the following bids for the Museum of Science, Asbestos Abatement, on February 5, 2013.
Stohl Remediation Services $ 33,375.00
4169 Allendale, Blasdell, NY
Fibertech Environmental $ 34,700.00
140 North, Buffalo, NY
Arric Corp. $ 39,000.00
5033 Transit, Depew, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Remediation Services, with a bid of Thirty Three
Thousand Three Hundred Seventy Five and 00/100 Dollars ($33,375.00) is the lowest responsible bidder in accordance with the plans and
specifications.
Funding for this project is available in 35323106 445100 - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 7, 2013, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement
for the Museum of Science Asbestos Abatement with Stohl Remediation Services in the amount of $33,375.00. Funding for this project is available
in Account #35323106 445100 - Buildings.
PASSED
AYES 9 NOES 0
NO. 32
REPORT OF BIDS POLICE COMMUNICATION TOWERS PROJECT
DELAWARE PARK & POLICE C DISTRICT
DELAWARE & MASTEN DISTRICT
This is to advise your Honorable Body that I have advertised and received Bids on January 30, 2013 for Police Communication Towers Replacement
at Delaware Park and C District Police Precinct Project.
The following bids were received for the Project:
Delaware Tower "C" District Total
Trason Development Corporation $ 447,465.00 $ 131,535.00 $ 579,000.00
Patriot Towers, Inc. $ 474,600.00 $ 104,900.00 $ 579,500.00
Engineer Estimate $ 330,000.00
Due to the low bid being substantially over the Engineer estimate, I recommend that project be awarded without 'C' District Tower at this time. This
will allow the Delaware Tower portion to move ahead and not jeopardize the grant funds for the project.
I hereby certify that a lowest responsible bidder is Trason Development Corporation. Also, I respectfully recommend that your Honorable Body
authorize a contract award in amount of $ 492,212.00 (base bid of $ 447,465 + a $ 44,747 - 10% unit bid increase = $ 492,212.00).
The project is funded by Grant and City of Buffalo funds. The funds are available in account(s) # 24490605 - 460000, 24490606 - 450000, 24490607-
474100, 12132007 - 4774100, an account to be named later.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 13, 2013, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement
for the Police Communication Tower Replacement at Delaware Park with Trason Development Corporation in the amount of $492,212.00. Funds for
this project are available in Accounts #24490605 - 4600000, 24490606 - 450000, 24490607 - 474100, 12132007 - 4774100, and an account to be
named at a later date.
PASSED
AYES 9 NOES 4
NO. 33
REPORT OF BID
POLICE HQ GARAGE
EMERGENCY DECK REPLACEMENT
JOB #1285
1 received the following emergency bids for the Police HQ Garage, Emergency Deck Replacement on January8, 2013.
Nichter Construction Inc. $27,100.00
30 Wildwood, Lancaster, NY
Miller Enterprises $37,000.00
12 Newfield, Buffalo, NY
Allgaier Construction $41,250.00
4790 Thompson, Clarence, NY
NichterAssociates $58,000.00
3435 Harlem, Cheektowaga, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Nichter Construction, Inc. with a bid of Twenty Seven
Thousand One Hundred and 00/100 Dollars ($27,100.00) is the lowest responsible bidder in accordance with the plans and specifications.
Funding for this project is available in 35323506 445100 - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 8, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement for the Police Garage
Emergency Deck Replacement with Nichter Construction, Inc. in the amount of $27,100.00. Funding for this project is available in Account #35323506 445100 —
Buildings.
PASSED
AYES -9 NOES -0
NO. 34
REPORT OF BIDS
SHOSHONE POOL GUARD HOUSE
ASBESTOS SAMPLING & TESTING
JOB #1291T
I requested on February 7, 2013 and received the following bids for the Shoshone Pool Guard House, Asbestos Sampling & Testing, on February
13, 2013.
SJB Services, Inc. $650.00
5167 South Park, Buffalo, NY
Stohl Remediation Services $1,390.00
4169 Allendale, Blasdell, NY
Hillmann Consulting, LLC $1,550.00
42 Brantwood. West Seneca. NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that SJB Services, Inc., with a bid of Six Hundred Fifty and
00/100 Dollars ($650.00) is the lowest responsible bidder in accordance with the plans and specifications.
Funding for this project is available in 35405106 445100 - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated February 14, 2013, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into an agreement
for the Shoshone Pool Guard House, Asbestos Sampling and Testing with SJB Services, Inc. in the amount of $650.00. Funding for this project
is available in Account #35405106 445100 — Buildings.
PASSED
AYES -9 NOES -0
NO. 35
WEBSTER BLOCK REDEVELOPMENT RECOMMENDATION OF COMMISSIONER FOR COMMON COUNCIL TO AUTHORIZE
SUBSURFACE AND OVERHEAD ENCROACHMENTS UNDER AND OVER PUBLIC STREETS TO A DISTANCE NOT TO EXCEED SIX
FEET
ITEM NO. 1, C.C.P. 09/04/12; ITEM 57, C.C.P. 10/16/12 AND ITEM 1, C.C.P. 02/05/13
The Department of Public Works, Parks and Streets has received an application /request from representatives of HARBORcenter Development,
LLC
Developer of the Webster Block Project) to encroach up to 3.5 feet into the
subsurface of the public right of way of portions of Washington Street, Scott Street, Main Street and Perry Street for the specific purpose of the
permanent placement of subsurface foundation support pile caps n the nature of spread footers," to provide additional building foundation support
for those portions of the Developers proposed building which will be situate along the exterior property lines of the Webster Block Redevelopment
Project bounded by Washington Street, Scott Street, Main Street and Perry Street.
In addition, this Department has received an application /request from representatives of the Developer to encroach up to 3.5 feet into certain
overhead portions of the public right of way of Washington Street, Scott Street and Main Street to accommodate projections (such as glass elevator
lobbies, canopies and awnings) off of the project building.
Section 413 -1 of the Code of the City of Buffalo provides that the Common Council, upon recommendation of the Commissioner of the City's
Department of Public Works, Parks and Streets, may authorize encroachments of the type described above for a distance not to exceed six feet into
a given public street or streets.
After examination review and consideration of the applications /requests for permission to permanently place the proposed pile caps encroachments
and overhead encroachments, I hereby recommend and respectfully request that Your Honorable Body authorize the "pile caps" encroachments in
portions of Washington Street, Scott Street, Main Street and Perry Street and that Your Honorable Body further authorize the overhead building
encroachments over the same portions of Washington Street, Scott Street and Main Street subject only to such conditions as I deem necessary
upon review of the final design as to the "pile caps" and overhead building encroachments.
Mr. Smith moved:
That the above item be, the above communication from the Department of Public Works, Parks and Streets, dated February 13, 2013, be received
and filed; and
That the Common Council, upon the recommendation of the Commissioner of the Department of Public Works, Parks and Streets, hereby
authorizes the "pile caps" encroachments in portions of Washington Street, Scott Street, Main Street and Perry Street, and that the Common
Council hereby further authorizes the overhead building encroachments over the same portions of Washington Street, Scott Street and Main Street
subject only to such conditions as the said Commissioner deems necessary upon review of the final design as to the "pile caps" and overhead
building encroachments.
PASSED
AYES -9 NOES -0
NO. 36
APPOINT LABORER II(TEMP)(MAX)(LORENZO)
Appointment effective 02/08/2013 in the Department of Public Works, Parks and Streets to the position of Laborer II, Temporary at the Maximum
Salary of $34,139.00
Irma Lorenzo, 2232 Kenmore Ave, Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 37
SEIZED VEHICLE 788.80
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. Marshal's 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,
will not be used as a take home vehicle and an older, high mileage vehicle will be removed from the Police fleet. The particular vehicle to be removed
will be determined at a later date and will be placed in the next Police vehicle auction. The total funds to be spent to cover the fees will be $788.80.
If you have any questions, please contact me at 851 -4571.
Mr. Smith moved:
That the above item be, and the above communication from, the Commissioner of the Buffalo Police Department, dated February 19, 2013, be
received and filed; and
That the Common Council hereby authorizes the Buffalo Police Department to utilize current drug asset forfeiture funds to cover
administrative /seizure fees to the U.S. Marshal's Office for one (1) seized vehicle seized by the Buffalo Police Department. The vehicle will be
assigned for law enforcement purposes, will be utilized in future undercover operations, will not be used as a take home vehicle, and an older, high
mileage vehicle will be removed from the Police Fleet. The total funds to be spent to cover the fees will be $788.80.
PASSED
F- 1 =110IRl01 161*w
NO. 38
SEIZED VEHICLE $1,771.55
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.Marshal's 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,
will not be used as a take home vehicle and an older, high mileage vehicle will be removed from the Police fleet. The particular vehicle to be removed
will be determined at a later date and will be placed in the next Police vehicle auction. The total funds to be spent to cover the fees will be $1,771.55.
If you have any questions, please contact me at 851 -457 I.
Mr. Smith moved:
That the above item be, and the above communication from, the Commissioner of the Buffalo Police Department, dated February 19, 2013, be
received and filed; and
That the Common Council hereby authorizes the Buffalo Police Department to utilize current drug asset forfeiture funds to cover
administrative /seizure fees to the U.S. Marshal's Office for one (1) seized vehicle seized by the Buffalo Police Department. The vehicle will be
assigned for law enforcement purposes, will be utilized in future undercover operations, will not be used as a take home vehicle, and an older, high
mileage vehicle will be removed from the Police Fleet. The total funds to be spent to cover the fees will be $1,771.55.
PASSED
AYES -9 NOES -0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 39
FOOD STORE (NEW)
3335 BAILEY(UNIVERSITY)
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 3335 Bailey (C & N African Variety Store /Coral Degho Dowayee ) 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.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Permits and Inspection Services, dated January 16, 2013, be received and filed; and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store License to Coral Degbo
Dowayee d /b /a C & N African Veriety Store located at 3335 Bailey.
PASSED
AYES -9 NOES -0
NO. 40
FOOD STORE (NEW)
626 COLVIN AKA 630 COLVIN(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 626 Colvin AKA 630 Colvin (630 Colvin Avenue Inc. /Khalil A. Alhamri) 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. 41
FOOD STORE (NEW)
500 ELMWOOD(NIAGARA)
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 500 Elmwood (NY Metropolitan Deli / Kasan Nagl Alkali) 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.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Permits and Inspection Services, dated February 8, 2013, be received
and filed; and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Kasan Nagi Alkaai d /b /a NY Metropolitan Deli located at 500 Elmwood.
PASSED
F- 1 =621110l►[61:Rm
NO. 42
FOOD STORE (NEW)
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 277 French (Hothara Food Market Inc, /Ahmed Sail and Alhardni and All Mohamed Saleh) 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. 43
FOOD STORE (NEW)
2272 GENESEE(LOVEJOY)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store
License located at 2272 Genesee (ABC Groeery/Maria D'Agostino) 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. 44
USED CAR DEALER
160 ABBOTT (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer
License located at 160 Abbott and find that as to form is correct. I have caused an investigation into the premises for which said application for a
used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections; I
find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Samiramis Khatib. The attached thereto for Samiramis Khatib /dba /SOUTH AUTO. This request is submitted for your approval or whatever action
you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 46
CONTRACT
PREMIER CONSULTING ASSOCIATES, LLC
EMPLOYEE BENEFITS BROKER
The Department of Human Resouces /Division of Compensation and Benefits has selected Premier Consulting Associates, LLC, to provide the City
of Buffalo with Benefits Broker and Consulting Services. The department of Human Resources issued Request for Proposals and several
companies responded. A committee reviewed all submitted proposals and determined that Premier had the most extensive experience with large
employer groups, municipalities and self insured health programs.
The Department of Human Resources /Division of Compensation and Benefits respectfully requests authorization from the Common Council to enter
into a contract with Premier for benefits broker and consulting services for the City of Buffalo.
The proposed contact will begin as soon as possible with 4 additional one year renewals possible.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Human Resources, dated February 14, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Human Resources to enter into a contract with Premier
Consulting Associates, LLC to provide the City of Buffalo with benefits broker and consulting services.
PASSED
AYES -9 NOES -0
FROM THE CITY CLERK
NO. 46
NOTICE OF INTENTION -NAME CITY OWNED POCKET PARK AT 33 WHITNEY
PLACE "PATTY PARETE PARK"
CCP# 64, 02/05
This is to advise you that the public hearing for the above item is set for 03/05/2013 at 2:00 p.m. in The Common Council Chambers. This will be
advertised in the Buffalo News on 02/22/2013 and 03/01/2013.
ADOPTED
NO. 47
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board.
Address Business Name Owner's Name
492 Rhode Island St 492 Rhode Island St Social Arms LLC
RECEIVED AND FILED
NO. 48
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed:
Police- Karen Roof
RECEIVED AND FILED.
NO. 49
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Zoning Board of Appeals
RECEIVED AND FILED.
NO. 50
APPOINT ASSISTANT LEGISLATIVE AIDE MASTEN(MARKS)
CERTIFICATE OF APPOINTMENT
Appointment effective February 6, 2013 in the Department of Common Council, Division of Masten District, to the Position of Assistant Legislative Aide, Non Competitive at
the Flat Salary of $27,018.00
Tianna Marks, 74 Fernhill Ave Upper, Buffalo, NY 14215
ADOPTED
NO. 51
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Fontana moved the approval of the appointments to the position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment effective February 6, 2013 in the Department of Common Council, Division of Ellicott District to the Position of Intern VI, Non Competitive at the Flat Salary of
$10.00 /hr
Deborah Tucker, 83 Urban St, Buffalo, NY 14211
NO. 52
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).
CERTIFICATE OF APPOINTMENT
Appointment effective 02/11/2013 in the Department of Public Works Parks and Streets to the Position of Sr. Account Clerk Typist, Permanent at
the Minimum Salary of $36,019.00
Kenyetta Gray, PO Box 153, Buffalo, NY 14201
CERTIFICATE OF APPOINTMENT
Appointment effective 02/11/2013 in the Department of Public Works Parks and Streets to the Position of Account Clerk Typist, Permanent at the
Minimum Salary of $31,754.00
Tamara McBride, 88 Alma Ave, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective 02/12/2013 in the Department of Public Works Parks and Streets, Division of Streets to the Position of Truck Driver,
Temporary at the Minimum Salary of $23,130.00
Steven Tirone, 355 St. Lawrence Ave, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective 02/01/2013 in the Department of Administration & Finance, Policy and Urban Affairs, Division of Inventory & Stores to the
Position of Automotive Inventory Clerk, Permanent at the minimum salary of $34,569.00
Jeffery Ford Jr, 47 Altruria St, Buffalo, NY 14220
Steven Pugliese, 301 Crestwood Ave, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment effective 02/19/2013 in the Department of Strategic Planning. Division of Planning to the Position of Director of Development, Provision
at the minimum salary of $50,000.00
Kathleen Peterson, 62 Tillinghast Place, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment effective 02/04/2013 in the Department of Audit and Control, Division of Audit to the Position of Senior Auditor, Provisional at the
Minimum Salary of $44,790.00
Teresa Belton, 583 Spring St, Buffalo, NY 14224
CERTIFICATE OF APPOINTMENT
Appointment Effective 03/19/2012 in the Department of Police, Division of Administration and Communication to the Position of Cell Block
Attendant, Permanent Appointment at the minimum salary of $22,070.00
Richard Tackowski, 205 Marine Drive -Apt 11 G, Buffalo, NY 14202
Frank J. Gibbs Jr, 452 Spring St, Buffalo, NY 14204
Damien C. Mitchell, 436 Northampton St, Buffalo, NY 14208
La -Kisha S. Champion, 60 Burgard Place Apt 2, Buffalo, NY 14211
Darnell Hardy, 27 Cambridge Avenue, Buffalo, NY 14215
Corvair A. Bennett, 35 Hagen Street, Buffalo, NY 14211
Tania M. Matos, 217 Prospect Avenue, Buffalo, NY 14201
Robert J. Przbyszewski, 17 Whitehall Avenue, Buffalo, NY 14220
Nicholas A. Bautz, 33 Newman Place, Buffalo, NY 14210
John L. Rossi, 31 S. Ryan Street, Buffalo, NY 14210
Tanika N. Hinton, 487 Berkshire Avenue, Buffalo, NY 14215
Jerome Barber, 99 Brinkman Avenue, Buffalo, NY 14211
Paul J. Ramunno, Jr, 247 North Drive, Buffalo, NY 14216
David E. Beyers, 403 Cumberland Avenue, Buffalo, NY 14220
Jason C. Stachowski, 182 Willett Street, Buffalo, NY 14206
Jeffrey D. Saleman, 87 Armin Place, Buffalo, NY 14210
Margaret Hanrahan, 272 Baraga Street, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective 03/19/2012 in the Department of Police, Division of Administration and Communication to the Position of Report Technician,
Permanent Appointment at the minimum salary of $32,816
Rosemarie S. Kolb, 311 Skillin Upper, Buffalo, NY 14207
Michelle Stanford, 661 E. Delevan Avenue, Buffalo, NY 14215
Amelite C. King, 247 Newburgh Avenue, Buffalo, NY 14201
Elizabeth E. King, 22 College Street, Buffalo, NY 14201
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 63
MEMORANDUM
LP CIMINELLI BOARD PACKET DOCUMENTS - FEBRUARY 2013
Deputy City Clerk Gerald Chwalinski
Program Packaging and Development Services (PPDS) Provider
February 5, 2013
Board Packet Documents
Attached are the following documents from the Joint Schools Construction Board meeting scheduled on February 4, 2013:
1. Agenda
2. Meeting Minutes from JSCB Meeting dated January 7, 2013
3. Fully Executed Phase HI Application and Certificate for Payment No. 56 - December 2012
4. Fully Executed Phase V Application and Certificate for Payment No. 37 - December 2012
5. Phase III Application and Certificate for Payment No. 57 - January 2013
6. Phase IV Application and Certificate for Payment No. 54 - January 2013
7. Phase V Application and Certificate for Payment No. 38 - January 2013
8. Program Packaging and Development Services (PPDS) Provider Update
9. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly
Report for Addendum 1 Phase V Project - December 2012
10. Inclusion Development Associates, Inc. Construction Contract Compliance Monitoring Monthly Report for Phase III C0#1 - December 2012
11.Compliance & Administrative Services of New York Compliance Monthly Report for
Phase V - December 2012
1: 7���: 7: 7���ri��a�9�xy /_1�K�]dildil�������1�LH_��[�7►
NO. 64
A. MAGIERSKI -TOWN OF CKTG ADOPTED RESOLUTION AMENDING ZONING LAW
Dear Gerald Chwalinski:
Please be advised that the Town Board, at a meeting held on February 4, 2013 6:45 PM, considered the following resolution(s):
Resolution RES- 2013 -60 Adopted [Unanimous]
Call for Public Hearing on Local Law to Amend the Zoning Law
RECEIVED AND FILED
NO. 66
233 SOUTH EIMWOOD AVENUE AND 234 DELAWARE AVENUE SITE (BUFFALO) - BROWNFIELD CLEANUP PROGRAM APPLICATION AND OTHER
DOCUMENTS RECEIVED; PUBLIC COMMENT INVITED
Public Notice
The New York State Department of Environmental Conservation (DEC) has received a Brownfield Cleanup Program (BCP) application and a
Remedial Investigation and Interim Remedial Measures Work Plan from BTC Block 20 Inc. for a site known as the 233 South Elmwood Avenue
and 234 Delaware Avenue site, site ID #C916271. This site is located in the City of Buffalo, within the County of Erie, and is located at 233
South Elmwood Avenue and 234 Delaware Avenue, Buffalo, NY 14202.
Comments regarding this application must be submitted no later than March 16, 2013. The documents are available for review at:
Buffalo and Erie County Public Library
1 Lafayette Square
Buffalo, NY 14203
Information regarding the site, the application, and how to submit comments can be found at http: / /www.dee.nv.gov /chemical /60058.html or send
comments to Eugene Melnyk, Project Manager, NYSDEC- Region 9, 270 Michigan Avenue, Buffalo, NY 14203; 716 - 851 -7220 or
ewmelnykO-gw. dec. state. ny. us.
General information about New York's Brownfield Cleanup Program can be found at http: / /www.dec.ny_.gov /chemical /8450.html
Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the site identified above, please use the contact
information provided. To protect your privacy, contaminated sites email notices are sent out as a be (blind copy). That means no one can see your
email address. If you wish to be removed from this contaminated sites email list, go to: http: / /www.dec.ny.gov /chemical /61092.html and click on the
correct county link, where there is an option to unsubscribe.
RECEIVED AND FILED
NO. 66
NYSDEC -SEQR LEAD AGENCY COORDINATION REQUEST FOR INFO BATTAGLIA
TRANSFER STATION 1037 -1066 SENECA SR
The New York State Department of Environmental Conservation (the Department) has
received a signed 6NYCRR Part 360 Solid Waste Management Facility permit application and a letter
from EnSol, Inc clarifying a previously submitted permit application from Peter S. Battaglia, President
of Battaglia Demolition, Inc. A copy of the permit application and letter are enclosed herein
Mr. Battaglia has requested the Department to restart the processing of the 6 NYCRR Part 360 permit application which was suspended in March
2010 See also the enclosed copy of Abby Snyder's March 29, 2010 letter to Julia Paul suspending the SEQR process and application review.
For SEQR lead agency designation purposes, we need to ascertain whether the City of Buffalo has discretionary approvals for this action. Please
respond by March 11, 2013. If you have any questions, please contact me at (716) 851 -7165.
RECEIVED AND FILED
NO. 67
NYSDEC- SUSPENSION OF SEQR PROCESS BATTAGLIA DEMOLITION INC. 1037 -1055 SENECA STREET
DEC No. 9- 1402 - 00897/00004
Commissioner Grannis has asked this office to respond to your letter regarding the Battaglia Transfer Station Demolition Inc. modification
Be advised that Mr. Peter Battaglia, President of Battaglia Demolition, Inc., has requested temporary suspension of the State Environmental Qualit
Review (SEAR) Act Lead Agency designation process. The New York State Department of Environmental Conservation agrees mat me SEQR
process may be temporarily suspended m accordance with his request. See the enclosed copy, of the letter requesting suspension.
By copy of this letter, Mr. Battaglia is notified that the processing of the above referenced permit application s herby suspended. If, in the future, Mr.
Battaglia chooses to unsuspend the permit application and SEQR review, the Department would expect to start the SEQR process at the beginning
with a new coordination A letter to the City of Buffalo.
Thank you for your cooperation. If you have any questions or comments, please contact me or Mr. David Denk at (716) 851 -7165.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 58
D. PRIDGEN- ARTICLE RE ICE HOCKEY AT SOLDIER FIELD - EXPANDED USE OF STADUIM
Please file the attached item concerning Ice Hockey at Soldier Field, as the Council discusses expanded use of our baseball stadium. Thanks to
Councilmember LoCurto for sharing this information with me.
Sincerely,
Darius G. Pridgen
Ellicott District Council Member
On Ice at Soldier Field, 'It's Like You're a Kid Again'
By BEN STRAUSS
CHICAGO -- The weather was picturesque for hockey at Soldier Field on Friday. Snow fell on a clear and cold winter night on the shore of Lake
Michigan. The rest of the scene was less conventional. Two teams made up of adult recreational league players, some who only recently learned the
sport, skated before more than 60,000 empty seats.
With ice laid over the Soldier Field turf for the first time in at least 60 years, in preparation for a college hockey doubleheader on Feb. 17, the
Chicago Outdoor Hockey League helped to begin more than two weeks of hockey festivities. Friday night's hockey game was thought to have been
the first played at Soldier Field, according to the organizers of the event.
"It's a surreal feeling," said Tom Walsh, 30, who took up the sport two years ago and skated Friday. "I think I'm a little embarrassed that some of us
are playing this special game, given our skill. We're lucky to be here."
Friday's honor is the highlight of the brief existence of the C.O.H.L., a unisex adult hockey league that caters to players and novices of all skill levels.
Scan Campbell founded the league last winter as a way to bring the thrill of pond hockey he played in his youth to adults around Chicago.
"The open air and the open atmosphere is an entirely different feel," Campbell said. "It's like you can breathe more. It's like you're a kid again."
Campbell, a 35- year -old Chicago native who works in information technology, created an online resource for pickup hockey games after the
Blackhawks won the Stanley Cup in 2OLO. He said interest in hockey had been on the rise since, and when he found out two new outdoor rinks
were opening last winter, he started the league.
A year ago, the league had 16 teams and 200 players. This year, it expanded to 26 teams and 368 players. Participants range from 18 to 68. There
are also now 12 women, up from 6 a year ago.
"They don't treat me any different," said Mary Myeyk, 37, and a participant in Friday's game. "And if they ever did run me into the boards, my
teammates would be looking out for me."
To participate in Friday's game, players were voted in by their peers, and all skill levels were represented. Each team had four lines, carefully
selected to keep the action fair and competitive.
The game followed an opening ceremony for the rink and a Chicago Blackhawks charity event, and did not begin until after 10 p.m. Temperatures
hovered just above single digits. Players' friends and families watched from metal benches next to the rink, bundled in sleeping bags and extra
layers, and they held mugs of hot chocolate in their hands, giving the evening a quaint, small -town feel, even as the stadium rose around the ice with
the lights from the downtown skyline beyond.
"This is totally awesome," Mycyk said. "I've been a Bears fan all my life, came to a lot of games as a kid, so it doesn't get much better than this."
By the end of the night, the game yielded nine goals, countless smiles and one jealous Hall of Famer.
"I would have loved to play here," said Tony Esposito, the former Blackhawks goalie who played m the N.H.L. from 1968 -84. If you would have said
20 years ago that you'd have people skating around at Soldier Field, they would have said you were crazy."
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 59
D. PRIDGEN -HOW OTHER CITIES UTILIZE THEIR BASEBALL FIELD WHEN NOT IS SESSION
How do they protect the Baseball Field?
Coca -Cola Field:
According to Coca -Cola field website there are upcoming events for 2013. The following events are listed Family Day Open House, National Anthem
Auditions, Opening Day and WYRK Taste of Country Concert, CoverSports USA is listed on website with events list. CoverSports USA is a
supplier of covers for indoor and outdoor athletic surfaces.
Cities contacted:
NYC — Yankee Stadium (NY Yankees)
According to the Yankees stadium website, events listed are a variety. The following events are listed, Corporate /Conference events, Concerts,
Wedding ceremonies /Receptions, Banquet /Award Dinners, Trade Shows, Fundraisers, Special Occasion Photo Shoots, Bar /Bat Mitzvahs,
Graduations, Barbecues /Picnics, Film Shoots, Holiday Parties and Press Conferences. Events that were held outside, such as wedding
ceremonies, graduations, etc., field covers used in designated area. No indication that the entire field was used. Website: www.yankees.com
Cleveland — Progressive Field (Cleveland Indians)
Brad Mohr, Assistant Director of Ball Park Operations (216- 420 - 4686), reported year round use of field for concerts and hockey events. He uses
TARP PLAS which has an inner locking piece, 2/2 hollow which allows for structure and holes to allow grass to breathe. He noted that a one day
concert, the field was covered for 5 days with no issues to the field. Cost for that 1 day event: $100,000 for using TARP for 5 days. He recommends
renting the TARP PLAS as it was beneficial and advantageous due to lack of storage. Mr. Mohr noted that Hockey Events are no longer held due to
"too costly ", no pay back for them. To order TATP, website www.tarpusa.com
According to 2011 article, "Keeping Stadium Neighborhoods Alive in the Off'- Season, Progressive Field in 2010 held a Winter Playground where the
Indians laid an ice track around the Field for skaters and built a snow - tubing hill from the bleachers onto the outfield.
Detroit — Comerica Park (Detroit Tigers)
Jill, Head of Special Events (313- 962- 4000), reported that baseball filed is only used during the summer for HS baseball games and concerts, Field
Protection, only home plate was protected with TARP. The TARP PLASTIC FLOORING was put down 2 -3 days before. The longer it is on the
ground, can cause damage and risk of replacing field. She recommends TARP be put down only 2 days at the most. Jill suggested contacting
Cleveland, as they use their field year round.
St. Louis — Busch Stadium (Cardinals)
Use stadium for Bridal Events and Corporate Events. There is no use of the baseball field outside of these events where there is no use of the field.
Chicago — US Cellular Field (White Sox) & Wrigley Field (Cubs)
There are no events hosted at US Cellular Field. However at Wrigley Field, concerts events are hosted during April — October. Restrictions are on
access to field grass, only out field used more.
Articles:
City of Pensacola, Florida — Urban Redevelopment Advisory Committee gets its bearings, 3/12/13 3 rd paragraph, CMPA chair Collier Merrill
statement on use of stadium
Keeping Stadium Neighborhoods Alive in the Off - Season by Emily Badger, 10/10/11 reference to Cleveland Progressive Field efforts.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
PETITIONS
NO. 60
S. WANG, OWNER, USE 3233 BAILEY, TO ERECT 1 STORY RESTAURANT W/1 APARTMENT (HRG 02 /26)(UNIV)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 61
D. EOANNOU, AGENT, USE 1416 HERTEL FOR A SIDEWALK CAFE IN THE SPECIAL ZONING DISTRICT
(HRG 02 /26)(DEL)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 62
V. CALI, OWNER, USE 1466 HERTEL TO ESTABLISH RESTAURANT AND SIDEWALK CAFE IN
HERTEL AVENUE SPECIAL ZONING DISTRICT (HRG 02 /26)(DEL)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 63
C. AUERBACH, AGENT, REZONE 400 FOREST FOR A MIXED USE CAMPUS /BOUTIQUE HOTEL
(HRG 03 /05)(NORTH)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZON1 NG BOARD OF APPEALS
NO. 64
FRUITBELT HOUSING TASK FORCE UNIT /MCCARLEY GARDENS
TENANT COUNCIL
Dear Mr. President and
Honorable Members of the Buffalo Common Council,
Attached, please find petitions from the property owners, residents and friends of McCarley Gardens and Fruit Belt Community, requesting that a
moratorium on any and all future development in the McCarley Gardens /Fruit belt Communities until such time that a comprehensive master plan is
developed with the full participation of all the property owners and residences of the outlined areas.
We are requesting that such master plan address the impact that future developments will have on the sewer system, traffic, recreational facilities,
schools, density and the type of housing.
As you know the Fruit Belt Community is one of the oldest communities in Buffalo and needs that extra care an order to re -store it to its greatness'.
We are asking that the moratorium imposed in the following outlined areas:
Beginning at Jefferson Avenue and Best Street, along the west side of Jefferson Avenue to Goodell Street, along the north side of Goodell Street to
Ellicott Street. Along the east side of Ellicott Street to Virginia Street, along the south side of Virginia Street to Michigan Avenue, along the east side
of Michigan Avenue to Best Street then along the south side of Best Street to Jefferson Avenue.
We are prepared to appear at any hearing you may call on the behalf of this request.
If there are any questions please contact me at 716 - 390 -5705 or Lorraine at 716 - 856 -2019.
We look forward to your favorable consideration of this request.
Sincerely,
Veronica Hemphi - Nichols, Fruitbelt
248 Grape Street
Buffalo, NY 14204
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 66
D. PRIDGEN PETITION FROM N. GREEN & O RE UNIFIED CODE FOR OUTDOOR WOOD BOILERS
I would like to file the attached information for the next Common Council meeting to be held on February 19, 2013.
Thank you
Darius G. Pridgen
Ellicott District Council Member
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 66
APPOINT ACCOUNT CLERK TYPIST(PERM)(STEP 2)(MASULLO)(PW) CCP# 16, 2/6
Mrs. Russell moved
That Communication 16 of February 5, 2013, be received and Filed and that the Permanent appointment of Stacey Masullo, 1042 Abbott Rd,
Buffalo, NY 14220 at the second step of $32,316.00 is hereby approved
PASSED
AYES- 9 NOES- 0
NO. 67
APPOINT MOTOR EQUIPMENT MECHANIC(PROV)(MAX)(NELSON)(PW)
CCP# 17, 02/06
Mrs. Russell moved
That Communication 17 of February 5, 2013, be received and Filed and that the Provisional appointment of Gregory Nelson, 105 Arden St, Buffalo,
NY 14215 Intermediate Salary of $39,535.00 is hereby approved
PASSED
AYES -9 NOES -0
NO. 68
APPOINT PUMPING PLANT OPERATOR(PROV)(LNTER)(OVERTON JR)(PW)
CCP# 18, 02/05
Mrs. Russell moved
That Communication 18 of February 5, 2013, be received and Filed and that the Provisional appointment of Dewitt D. Overton, 585 Lisbon Avenue,
Buffalo, NY 14215 Intermediate Salary of $41,225.00 is hereby approved
PASSED
AYES- 9 NOES- 0
NO. 69
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM (CTY CLK)
CCP #30, 02/05
Mrs. Russell moved
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(CHRISTOPHER P, SCANLON, CHAIRMAN)
NO. 70
BOND RESOLUTION - FIRE APPARATUS - PURCHASE
(ITEM NO. 75, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of a new
pumper for the Fire Department, at the estimated total cost of $500,000.
PASSED
AYES 9 NOES 0
NO. 71
BOND RESOLUTION - SNOW FIGHTING APPARATUS - PURCHASE
(ITEM NO. 76, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of vehicles for
street sanitation and snow plowing operations, at the estimated total cost of $900,000.
PASSED
AYES 9 NOES 0
NO. 72
BOND RESOLUTION -ALLEN STREET IMPROVERMENTS
(ITEM NO. 77, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share cost of
preparation of surveys, preliminary plans and detailed plans, specifications for planning partial reconstruction and extension of Allen Street, in the
City, at the estimated total cost of $250,000.
PASSED
AYES 9 NOES 0
NO. 73
BOND RESOLUTION - BRIDGE REHABILITATION - VARIOUS
(ITEM NO. 78, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
various bridges Citywide, at the estimated maximum cost of $300,000.
PASSED
AYES 9 NOES 0
NO. 74
BOND RESOLUTION - ELLICOTT STREET IMPROVEMENTS
(ITEM NO. 79, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share cost of partial
reconstruction of Ellicott Street from Goodell to Best Street, in the City, at the estimated total cost of $802,500.
PASSED
AYES 9 NOES 0
NO. 75
BOND RESOLUTION - INFRASTRUCTURE IMPROVEMENTS - CITYWIDE
(ITEM NO. 80, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of Citywide infrastructure
improvements, at the estimated maximum cost of $6,450,000.
PASSED
AYES 9 NOES 0
NO. 76
BOND RESOLUTION - KENMORE AVENUE INFRASTRUCTURE IMPROVEMENTS
(ITEM NO. 81, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share cost of partial
reconstruction of Kenmore Avenue between Main and Starin Streets in the City, at the estimated maximum cost of $192,500.
PASSED
AYES 9 NOES 0
NO. 77
BOND RESOLUTION - STREET LIGHTING — CITYWIDE
(ITEM NO. 82, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction to
City -owned street lighting facilities, at the estimated maximum cost of $500,000.
PASSED
AYES 9 NOES 0
NO. 78
BOND RESOLUTION - TRAFFIC SYSTEM IMPROVEMENTS - CITYWIDE
(ITEM NO. 83, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction to
City -owned traffic control facilities, at the estimated total cost of $200,000.
PASSED
AYES 9 NOES 0
NO. 79
BOND RESOLUTION - CITY SERVICES BUILDING RECONSTRUCTION /RENOVATION
(ITEM NO. 84, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial
reconstruction of the existing North Buffalo Ice Rink Building located at 158 Tacoma Avenue, at the estimated total cost of $400,000.
PASSED
AYES 9 NOES 0
NO. 80
BOND RESOLUTION - DOWNTOWN BALL PARK (COCA -COLA FIELD) IMPROVEMENTS
(ITEM NO. 85, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area
improvements to Coca -Cola Field, located at Washington and Swan Streets in the City, at the estimated total cost of $750,000.
PASSED
AYES 9 NOES 0
NO. 81
BOND RESOLUTION - FIRE STATION REHABILITATION - VARIOUS
(ITEM NO. 86, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
various fire stations located throughout the City, at the estimated total cost of $400,000.
PASSED
AYES 9 NOES 0
NO. 82
BOND RESOLUTION - HATCH RESTAURANT ADDITIONS AND ALTERATIONS
(ITEM NO. 87, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction to
the Hatch Restaurant located at 329 Erie Street in the City, at the estimated maximum cost of $1,361,425.
PASSED
AYES 9 NOES 0
NO .83
BOND RESOLUTION - KLEINHANS MUSIC HALL REVITALIZATION
(ITEM NO. 88, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
Kleinhans Music Hall, located at 1 Symphony Circle in the City, at the estimated total cost of $171,200.
PASSED
AYES 9 NOES 0
NO. 84
BOND RESOLUTION - LIBRARY IMPROVEMENTS CITYWIDE (ITEM NO. 89, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
all City Library buildings, at the estimated maximum cost of $347,750.
PASSED
AYES 9 NOES 0
NO. 85
BOND RESOLUTION - MAJOR MUNICIPAL BUILDINGS RECONSTRUCTION
(ITEM NO. 90, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
major municipal buildings in various locations throughout the City, at the estimated total cost of $400,000.
PASSED
AYES 9 NOES 0
NO. 86
BOND RESOLUTION - MILK CASINO EXTERIOR RENOVATION
(ITEM NO. 91, C.C,P., FEB 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share cost of recreational
area improvements to the MLK Park Casino building located at Humboldt Parkway in the City, at the estimated total cost of $214,000.
PASSED
AYES 9 NOES 0
NO. 87
BOND RESOLUTION - BUFFALO POLICE DEPARTMENT BUILDING RECONSTRUCTION
BUFFALO POLICE PRECINCT
(ITEM NO. 92, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of partial reconstruction of
various Police Department Precinct buildings located in the City, at the estimated total cost of $400,000.
PASSED
AYES 9 NOES 0
NO. 88
BOND RESOLUTION - POLAR BEAR EXHIBIT - BUFFALO ZOO
(ITEM NO. 93, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the local share cost of recreational
area improvements to the Polar Bear Exhibit at the Buffalo Zoo, located at 300 Parkside Avenue in the City, at the estimated total cost of $550,000.
PASSED
AYES 9 NOES 0
NO. 89
BOND RESOLUTION - JOHNNIE B. WILEY IMPROVEMENTS
(ITEM NO. 94, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area
improvements to the Johnnie B. Wiley athletic facility in Mulroy Park, in the City, at the estimated total cost of $250,000.
PASSED
AYES 9 NOES 0
NO. 90
BOND RESOLUTION -PARKS INFRASTRUCTURE IMPROVEMENTS- CITYWIDE
(ITEM NO. 95, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of recreational area
improvements to various parks located throughout the City, at the estimated total cost of $1,823,900.
PASSED
AYES 9 NOES 0
NO. 91
BOND RESOLUTION - PARK VEHICLES AND EQUIPMENT PURCHASE
(ITEM NO. 96, C.C.P, FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of acquisition of vehicles
and equipment for parks and recreation operations throughout the City, at the estimated total cost of $225,000.
PASSED
AYES 9 NOES 0
NO .92
BOND RESOLUTION - MONUMENT RESTORATION
(ITEM NO. 97, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of restoration of City -owned
artwork located throughout the City, at the estimated total cost of $238,610.
PASSED
AYES 9 NOES 0
NO. 93
BOND RESOLUTION - TREE REMOVALS AND PLANTINGS - CITYWIDE
(ITEM NO. 98, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of removal of dead or
diseased trees and the planting of new trees located throughout the City, at the estimated maximum cost of $642,000.
PASSED
AYES 9 NOES 0
NO. 94
BOND RESOLUTION - DEMOLITIONS - EMERGENCY CONDITIONS - CITYWIDE
(ITEM NO. 99, C.C.P., FEB. 5, 2013)
That the Comptroller is hereby authorized to issue General Improvement Bonds of the City of Buffalo to finance the cost of demolition of various
City -owned and private buildings which pose a significant threat to public health or safety, at the estimated maximum cost of $3,003,000.
PASSED
AYES 9 NOES 0
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK, JR., CHAIRMAN)
NO. 95
LDA WEBSTER BLOCK REDEVELOPMENT PROJECT -75 MAIN ST(HRG 02/19)
CCP# 1, 02/05
Mr. Golombek moved:
That the above item be returned to the Common Council without recommendation.
Joseph Golombek, Jr. Chairperson, Community Development
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of Same has been
published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Smith a, seconded by Mr. Golombek, the item is properly before the Common Council, and the hearing is opened.
CARRIED.
Appearances -
Cliff Benson
Tim Thielman
Shelly McKandry
Daniel Sak
Commissioner Steve Stepniak
Terrance Gilbright
Mr. Smith now moved that the hearing be closed. Seconded by Mrs. Russell
CARRIED
Mr. Smith now moved approval of said item.
Seconded by Mrs. Russell
Land Disposition Agreement - Webster Block Redevelopment Project
(Item No. 1, C.C.P., Feb. 5, 2013)
Mr. Golombek moved:
That the above item be, and the same hereby is returned to the Common Council without recommendation for approval;
That the Common Council hereby approves the Land Disposition Agreement with HARBORcenter Development, LLC or an entity acceptable to the
Executive Director & the City's Office of Strategic Planning to be designated by HARBORcenter Development, LLC, in consideration &payment in
the amounts of:
1. The Main Parcel for the appraised value of $1,800,00.00;
2. The Washington Street Parcel for the appraised value of $215,000.00 (or $24.00 per square foot of Washington Street actually conveyed);
3. The Scott Street Parcel for the appraised value of $51,000.00 (or $24.00 per square foot of Scott Street actually conveyed);
4. The Perry Street Column and Support Easement Areas for the agreed upon value of $7,260.00;
5. The Subsurface Pile Cap Easement Areas and the Building Encroachment Easement Areas for the agreed upon value of $15,000.00 (or an
amount equal to 20% of $24.00 per square foot of such interest actually conveyed);
6. The Air Rights for the appraised value of $106,000.00 (or an amount equal to 30% of $24.00 per square foot of the air rights actually conveyed).
More specifically and in addition to the foregoing in connection with the Common Council's approval of the overall Land Disposition Agreement
( "LDA ") transactions, the Common Council hereby specifically abandons for sale /disposition the following specific interests in public streets and
public rights of way:
1. The fee conveyance of that section of Washington Street described in Exhibit A of the LDA as the Washington Street Parcel,
2. The fee conveyance of that section of Scott Street described in Exhibit A of the LDA as the Scott Street Parcel,
3. An easement interest in the Perry Street Column and Support Easement Areas described in Exhibit A &the LDA,
4. An easement interest in the Subsurface Pile Cap Easement Areas and an easement interest in the Building Encroachment Easement Areas
described in Exhibit A of the LDA,
5. An easement interest in the Air Rights Area described in Exhibit A of the LDA, and
6. Easement interests in a storm sewer easement area and easement interests for an environmental easement both being in the area described as
the Storm Sewer Easement Area on Exhibit A &the LDA (all as such interests are more particularly described in the LDA)
The Common Council hereby authorizes the Mayor to execute the Land Disposition Agreement (as finalized by the City Corporation Counsel) and all
related agreements and conveyancing instruments to be negotiated to finalization and approved to form by the Law Department to facilitate the
redevelopment Project; and authorizes pertinent City personnel to take such steps and actions as shall be reasonably necessary to achieve the
purposes and objectives of the Land Disposition Agreement.
PASSED
AYES -9 NOES -0
NO. 96
K. FLEMMING -DRAFT MICHIGAN ST AFRICAN AMERICAN HERITAGE CORRIDOR MNGT PLAN
(ITEM NO. 33, C.C.P., FEB. 5, 2013)
Mr. Golombek moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval; and
That the Common Council hereby approves, pursuant to Parks, Recreation and Historic Preservation Law §41.09, subd. 2, the Michigan Street
African American Heritage Corridor Management Plan, previously submitted and attached to the Common Council Communication dated January
18, 2013.
PASSED
AYES 9 NOES 0
NO. 97
EXCERPTS FOM MICHIGAN ST COMM LEGISLATION: PARKS AND RECREATION LAW
(C.C.P #36, FEB 5)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 98
D. RIVERA- BURA'S DOWN PAYMENT CLOSING COST ASSISTANCE PROGRAM
(C.C.P #69, JULY 24)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 99
RESIDENTS COMPLAINTS OF TOWN GARDENS
(C.C.P #74, OCT 18)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 100
TOWNE GARDEN APARTMENTS
(C.C.P #99, FEB 22)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
LEGISLATION
(DARIUS G. PRIDGEN, CHAIRMAN)
NO. 101
S. MUCINO, OWNER, TO USE 494 FRANKLIN A/K /A 73 ALLEN STREET TO OPEN AN EXISTING
RESTAURANT IN ALLEN STREET SPECIAL ZONING DISTRICT (FILL)(EDPIS) (REM NO. 40, C.C.P., FEB, 5, 2013)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of S. Mucino, Owner of 494 Franklin a /k/a 73 Allen Street, to open an existing restaurant
in the Allen Street Special Zoning District under new management with conditions of Planning Board approval
PASSED /COND
AYES 9 NOES 0
NO. 102
ORDINANCE AMENDMENT -CH 316 PEDDLING & SOLICITING — ST VENDING
(C.C.P. #67, FEB 5)
That the above item be and hereby is referred to the Common council without a recommendation;
Mr. Golombek now moves that the item be Recommitted to the Committee on Community Development
ADOPTED
NO. 103
D. PRIDGEN- CONCERNS EXISTING OUTDOOR WOOD BOILERS
(C.C.P #54, JAN 22)
Mr. Pridgen now moves that the above item be Received and Filed.
ADOPTED
NO. 104
SMOKE FREE INITIATIVE(PRIDGEN)
(ITEM NO. 91, C.C.P., JAN. 22, 2013)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for adoption; and
That the Common Council is in support of the Buffalo Niagara Medical Campus declaring the zone that demarcates its campus to be a tobacco -free
zone; and
That the Common Council hereby creates a steering committee consisting of members of the Buffalo Niagara Medical Campus and community
stakeholders to work with the Corporation Counsel to research existing policies in other tobacco -free campuses across the nation and write new rules
for the City of Buffalo Charter that adds the Buffalo Niagara Medical Campus as a geographic zone in the City of Buffalo where tobacco is prohibited.
ADOPTED
NO. 105
F. CRNGAROV, OWNER, USE 2516 MAIN -FOR UNDERGROUND STORAGE TANK, ERECT 1 STORY
MASONRY RETAIL W /FUEL STATION AND POLE SIGN (HRG 1 /29)(DEL) (C.C.P. #58, JAN 22)
That the above item be and hereby is referred to the Common Council without a recommendation:
Mr. Pridgen now moves that the item be Recommitted to the Committee on Legislation.
ADOPTED
NO. 106
FOOD STORE LICENSE(NEW) 1902 NIAGARA(NORTH)(EDPI)(#41,7 /24)( #74,10/2)
(C.C.P #43, JAN 8)
Mr. Pridgen now moves that the above item be Received and Filed.
ADOPTED
RESOLUTIONS
NO. 107
By: MR. FONTANA
APPOINT WHITNEY KEMP TO CAT TASK FORCE
Be It Resolved:
The Common Council hereby appoints Whitney Kemp of the City of Buffalo Comptroller's Office as a member of the Cat Task Force.
ADOPTED
NO. 108
MR. FONTANA AND MRS. RUSSELL
FEBRUARY 14, 2102
ESTABLISHING AND APPOINTING MEMBERS TO THE BUSINESS
REGULATORY TASK FORCE
WHEREAS, Common Council Members have been inundated with numerous issues related to business licensing for individuals currently operating
in the City of Buffalo as well as applications from individuals seeking to do business in the City; and
WHEREAS, As a law making body it is our responsibility to periodically review ordinances within the City Charter to ensure safety, compliance and
clarity; Unlike the former Deli Taskforce, the Business Regulatory Taskforce will focus on legal and legislative issues as it relates to the Buffalo City
Charter; and
WHEREAS, The regulation of businesses necessarily involves numerous City departments including the Dept. of Permits and Inspections, the
Dept. of Police, the Dept. of Law and the Common Council, and each of these departments bears different responsibilities at various stages of the
licensing, inspections and enforcement process; and
WHEREAS, Various branches of New York State and Erie County government may also become involved in regulating City businesses as a result
of their jurisdiction over agriculture and markets, lottery sales, alcohol and tobacco sales, enforcement of tax and labor laws, prosecution of criminal
offenses, etc.; and
WHEREAS, Due to the complexity of regulating different types of businesses, as well as the multitude of City departments and at times outside
agencies involved in various aspects of this regulation, effective collaboration amongst these parties is critical; and
WHEREAS, Preliminary discussions with departments that are involved with business regulation have revealed that the City must overcome many
of the same challenges, problems and issues regardless of the type of business that is being regulated; and
WHEREAS, Creating a task force that includes representatives from the various City departments involved in business licensing, inspections and
regulatory enforcement would enable the City to facilitate closer intra - departmental cooperation and undertake a comprehensive review of the
effectiveness of laws, policies and procedures that are currently being used to regulate various types of business within the City of Buffalo.
NOW, THEREFORE BE IT RESOLVED,
That the Council immediately establishes a new Business Regulatory Task Force, which shall conduct its first meeting in February of 2013 and
which shall thereafter meet regularly and as deemed necessary by the Chairperson of the Business Regulatory Task Force, until such time as this
task force is deemed inactive or disbanded by the Council President;, and
BE IT FURTHER RESOLVED
That the Business Regulatory Task Force shall be charged with conducting a review of all aspects of the City of Buffalo's process for regulating
businesses, which shall include evaluating the effectiveness of current City laws and policies for business licensing, inspection and enforcement;
identifying the respective responsibilities and workflows of the various City departments involved in business regulation; recommending specific
strategies for improving the way that the City regulates businesses; and reviewing all other matters that may be referred to it by the Common
Council; and
BE IT FURTHER RESOLVED,
That the Business Regulatory Task Force shall initially be composed of the following Chairperson and Members:
Chairperson Council Member Bonnie E. Russell
Member Council Member Richard Fontana, President
Member Council Member Demone A. Smith, Majority Leader
Member Council Member David A. Franczyk
Member Council Member Joseph Golombek, Jr.
Member Council Member Darius G. Pridgen
Member Council Member Michael J. LoCurto
Member Council Member David A. Rivera
Member Council Member Christopher A. Scanlon
Member Corporation Counsel, Tim Ball (or designee)
Member Assistant Corporation Counsel, Alan Gerstman
Member Assistant Corporation Counsel, Joel Moore
Member Commissioner of Permits & Inspections, James Comerford (or designee)
Member Director of Permits & Inspection Services, Patrick Sole (or designee)
Member Assistant Director of Permits & Inspections Lou Petrucci (or designee)
Member United States Attorney William J. Hochul Jr. - Consultant
Member Erie County District Attorney Frank A. Sedita III -Advisor
and;
BE IT FINALLY RESOLVED,
That certified copies of this resolution shall be immediately forwarded to the above referenced Business Regulatory Task Force Chairperson and
Task Force Members.
ADOPTED
NO. 109
SPONSORED BY: MR. FRANCZYK, MRS. RUSSELL, MR. FONTANA, MR. SMITH, MR. LOCURTO,
MR. PRIDGEN, MR. RIVERA, MR. GOLOMBEK, MR. SCANLON
NAME CITY -OWNED POCKET PARK AT 33 WHITNEY PLACE "PATTY PARETE PARK"
WHEREAS: On December 5, 2006, Buffalo Police Officer Patricia "Patty" Parete and her partner Carl Andolina responded to a fight call, when they
were shot at West Chippewa Street and Whitney Place by a 19- year -old criminal; and
WHEREAS: Although Officer Andolina was able to return to service, Officer Parete suffered severe injuries to her spinal cord, leaving her tragically
paralyzed from the neck down; and
WHEREAS: Officer Parete struggled heroically for years against her severe injuries, but sadly passed away on February 2, 2013; and
WHEREAS: Police officers put their lives on the line every day to protect Buffalo's citizens; and
WHEREAS: It is fitting that the sacrifice our officers make in the line of duty be appreciated and recognized; and
WHEREAS: Residents of Whitney Place, members of the West Village Association and block club activists say it would be a respectful tribute to
name the small city -owned pocket park at 33 Whitney Place, not far from where the officers were shot in 2006, the Patricia "Patty" Parete Memorial
Park; and
WHEREAS: Residents of Whitney Place and block club leaders have indicated that they would ensure that the pocket park would be well- watched
and maintained; and
WHEREAS: Community members have pledged to raise funds to put an appropriate commemorative monument for Officer Parete on the site;
NOW THEREFORE BE IT RESOLVED:
That the pocket park at 33 Whitney Place be named the Patricia "Patty" Parete Memorial Park in honor of officer Parete.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 110
BY: MR. FRANCZYK
PERMISSION TO HANG FLAGS ALONG OLD NEIGHBORHOOD PARADE ROUTE
Whereas The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994; and
Whereas The parade retraces the original St. Patrick's Day 1914 parade route and focuses on fun, and the tradition and nostalgia associated with
the Old First Ward and Valley neighborhood; and
Whereas The first parade started out small with about twenty marching units. This year, on March 16, 2013, the Old Neighborhood St. Patrick's Day
Parade will have ever 120 marching traits and is the second largest St. Patrick's Day Parade in Western New York; and
Whereas The Valley Community Center is requesting to hang flags along the parade route from March 1, 2013 to March 30, 2013;
Now, Therefore, Be It Resolved:
That the City of Buffalo Common Council hereby permits the Valley Community Center to hang flags along the route of the Old Neighborhood St.
Patrick' Day Parade. The flags will be installed on March 1, 2013 and stay up until March 30, 2013; and
Now, Therefore, Be It Further Resolved:
That the flags be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of
Public Works, Parks and Streets.
PASSED
AYES -9 NOES -0
1- YdLVA1:41111:2N Bic] 40
NO. 111
ORDINANCE AMENDMENT
Chapter 413 - Streets and Sidewalks
The Common Council of the City of Buffalo does hereby ordain as follows:
Section 1. That Section 413 -1 of the Code of the City of Buffalo be amended to read as follows
.§ 413 - 1. Use of streets; encroachments.
A The public streets within the City shall be used solely for the passage over of pedestrians and vehicles, and the public right of passage shall
extend throughout the entire width of such streets, uninterrupted and unobstructed; provided, however, that an owner or person in interest of a
structure fronting in whole or in part upon a public street who desires to extend such structure into the public street may file with the Commissioner
of Public Works an application stating the reasons therefor, accompanied by a plot plan showing the nature, location and extent of the proposed
encroachment; and, upon the examination, review and recommendation of the Commissioner, with or without conditions, the Common Council may
authorize, with or without conditions, said encroachment upon the public street to a distance not to exceed six feet.
B. Notwithstanding anything contained in this Section 413 -1 to the contrary, the placement on a permanent basis of up to eighteen load bearing
confirms in the public right of way of
Perry Street is specifically hereby permitted, subject to approval by the Commissioner of the Department of Public Works, Parks and Streets as to
the precise size and locations of the columns and further subject to such conditions as may be required by said Commissioner. This subdivision is
for the limited and specific purpose of facilitating the redevelopment of the Webster Block by allowing for up to eighteen load bearing column— to
provide structural support for the building improvements to be erected by the Webster Block developer in certain air rights space over that section of
Perry Street from and between Main Street and Washington Street.
§2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to §3 -19 of the City Charter.
It is hereby certified pursuant to §3 -19 of the City Charter that the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Underlined material is new. Material in brackets [ ] is repealed.
PASSED
AYES -9 NOES -0
NO. 112
BY: DARIUS G. PRIDGEN
TELECOMMUNICATIONS RESOLUTIONS
WHEREAS, The Common Council of the City of Buffalo office of telecommunication was developed to provide the best possible service from
telecommunication providers. With the rapidly changing environment it is imperative for the legislative body of the Common Council to be aware and
informed of situations which effect the constituency of the City of Buffalo; and
WHEREAS, Chapter 46 -2 of the City of Buffalo Charter states there is hereby established the Office of Telecommunications to be administered by
a Director, who shall be the head of the Office and who shall be appointed conjointly by the President of the Council and the Mayor and removable at
the pleasure of the Common Council. The Office shall have such other employees as the Common Council may provide; and
WHEREAS, The Office of Telecommunications would be charged with advising the City on franchise compliance, assisting various City
Departments in franchise matters, monitoring access operations, serving as a liaison between the public and the telecommunications service
providers, keeping the City apprised of national and local developments in telecommunication issues and recommending policies and procedures
pertaining to telecommunications to the City; and
NOW, THEREFORE BE IT RESOLVED,
That the City of Buffalo Common Council request as per 46 -4 of the City Chatter that the Director of Telecommunication submit an annual report to
the Council on or before the 31 st day of March 2013.
BE IT FURTHER RESOLVED,
Said report shall include an analysis of the local cable company's compliance with the requirements of the franchise agreement, an analysis of
current and prospective activities of telecommunications service providers within the City. In addition said should provide explanation of any
legislative or technical development that may impact upon the field of telecommunications and any other communications,
BEITFURTHERRESOLVED,
That the Director of Telecommunications report to the Common Council on a regular basis and make policy recommendations as per 46 -4G of the
City Charter,
BE IT FINALLY RESOLVED,
That certified copies of this resolution be immediately forwarded to the office of Telecommunication, Department of Public Works, Mayor's Office,
City Comptroller, and City Clerk.
ADOPTED
NO. 113
SPONSORED BY: COUNCILMEMBER DAVID RIVERA
APPOINTMENT OF NOEMI SANTIAGO TO ASSISTANT LEGISLATIVE AIDE II.
Whereas: Ms. Santiago has served as an legislative aide in the Niagara District office since 2008; and
Whereas: She has shown the upmost regard for Niagara District constituents through quality service and care of neighborhood issues; and
Whereas: Ms. Santiago has consistently fulfilled the duties and responsibilities of a legislative aide and committed herself to continuing improvement
by attending workshops and trainings focused on expanding services to the community.
Now, Therefore Be It Proclaimed: The Common Council approves Noemi Santiago be promoted to Assistant Legislative Aide II in the Niagara
District office.
ADOPTED
NO. 114
BY: MR. SCANLON
TRANSFER OF FUNDS
That, Pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the appropriation in
be transferred and reappropriated as set forth below:
From
17303002 - 432002 Police & Fire Pension $240,000.00
To:
11412006 -48000 Parking & Towing - Other Services
PASSED
AYES -9 NOES -0
NO. 116
BY: DEMONE A SMITH
COMMISSIONER 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, 2014, conditional upon the persons
so appointed certifying under oath to their qualifications and filing same with the City of Buffalo.
Linda L. Andersen
Gregory Peoples
Luis A. Reyes
Allison Schroeder
Total 4
ADOPTED
NO. 116
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONERS OF DEEDS
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional, upon the person so
appointed certifying under oath to their qualifications and filing same with the City Clerk:
Frank E. Merriweather III
Lori A. Rykovich
TOTAL:2
ADOPTED
NO. 117
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New York, unless
otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, February 26, 2013 at 9:45 o'clock AM
Committee on Finance Tuesday February 26, 2013 at 10:00o'clock AM
following Civil Service
Committee on Comm. Dev. Tuesday, February 26, 2013 at 1:00 o'clock PM
Committee on Legislation Tuesday, February 26, 2013 at 2:00 o'clock PM
(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. 118
ADJOURNMENT
On a motion by Mr. Smith, Seconded by Mr. Golombek, the Council adjourned at 3:29 PM
GERALD CHWAL1 NSKI
CITY CLERK