HomeMy WebLinkAbout13-0514NO. 10
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 1412013
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
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, MAY 14, 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 -- 0
On a motion by Mr. Smith, Seconded by Mr. LoCurto, the minutes of the stated meeting held on April 30, 2013 were approved
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BUFFALO ARTS COMMISSION
NO. 1
ACCEPTANCE OF ART DONATION
The City of Buffalo has been offered the donation of a work of art by AT &T Management Services, L.P.
The work of art is Eden by Judith Shea (1987, bronze).
The Buffalo Arts Commission recommends to your Honorable Body that the City of Buffalo accept this donation.
The Commission also requests that the Council authorize the Executive Director of the Arts Commission to execute all necessary documents to affect the transfer of title to
the artwork to the City.
Mr. Smith moved:
That the above item be, and the above communication from the Executive Director of the Buffalo Arts Commission, dated May 14, 2013, be received and filed; and
That the Common Council hereby authorizes the Executive Director of the Buffalo Arts Commission to accept the donation of a work of art from AT &T Management
Services, L.P., and that the Common Council hereby authorizes the Executive Director of the Arts Commission to execute all necessary documents to effect the
transfer of title to the artwork to the City of Buffalo.
PASSED
AYES 9 NOES 0
FROM THE OFFICE OF CITIZEN SERVICES
NO. 2
SUBMISSION OF MONTHLY REPORT -APRIL 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 April 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.
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 3
REPORT OF SALE 550 SEVENTH
147.50' NW Jersey Lot Size: 25'x 132' Assessed Valuation: Land $ 2,600. Improvement $ 7,400. Total: $10,000. (Ellicott District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Nell Lefort, 196 Oliver Street, North Tonawanda, New York 14120 to purchase
550 Seventh Street. Mr. Lefort will renovate the dwelling for use as a place of residence. He has estimated the cost of renovations to be Ten Thousand Five Hundred
Dollars ($10,500) that has been reviewed by the Division of Real Estate. Mr. Lefort has provided proof of financial ability to complete the purchase and repair the property.
550 Seventh consists of 2,040 square feet, two and one half story frame, two family dwelling in poor condition situated on a lot 30'x 150'. The property was acquired by the
City through In Rem #41, in October 2007.
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.
Mr. Lefort commissioned Mr. Michael Rizzo of Northeastern Appraisal Associates to estimate the fair market value of 550 Seventh Street. The Fair Market Value was
estimated to be Six Hundred Dollars ($600).
The City of Buffalo Appraisal Review Board reviewed the appraisal report and concurs with the appraiser's estimate of value.
Mr. Nell Lefort is prepared to pay Six Hundred Dollars ($600) 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 550 Seventh Street to Mr. Nell Lefort in the amount of Six Hundred Dollars ($600). 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.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.4
REQUEST PERMISSION TO ENTER INTO AN AGREEMENT WITH THE
NEW YORK STATE POWER AUTHORITY (NYPA) TO RECEIVE
IMPROVEMENTS REGARDING THE INSTALLATION OF A SOLAR - POWERED,
PHOTOVOLTAIE ELECTRICAL SYSTEM AT THE BROADWAY MARKET.
Attached is an agreement between the New York State Power Authority (NYPA) and the City of Buffalo, whereby the NYPA will install a solar - powered, photovoltaic
electrical system on the roof of the Broadway Market to supplement existing electrical consumption.
Under this agreement, NYPA is responsible for implementation costs. The City of Buffalo is responsible for maintenance costs, securing the site with fencing and /or
bollards and a LAN connection.
In consultation with the Department of Public Works and the City Law Department, the Office of Strategic Planning (OSP) has conducted a review of this agreement, and
has determined that it is acceptable and beneficial to the City.
I respectively request that your Honorable Body authorize the Mayor to execute a contract with the NYPA as described above, and that your Honorable Body grant
permission allowing the City of Buffalo to receive the improvements included in the agreement.
My department is available to meet with Your Honorable Body should you wish. Thank you for your consideration.
Brendan Mehaffy, Esq.
Mr. Smith moved:
That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated May 9, 2013, be received and filed; and
That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to enter into an agreement With the New York Power Authority for
the installation of a solar - powered, photovoltaic electrical system on the roof of the Broadway Market to supplement existing electrical consumption; and authorizes the
Mayor to execute the contract with the New York Power Authority and grants permission allowing the City of Buffalo to receive the improvements included in the agreement
PASSED
AYES -9 NOES -0
101 [61ti
RESCIND SALE & FORFEIT DEPOSIT
64 HAYES PLACE
NIAGARA CERAMICS CORPORATION
MR. BOB LUPICA
(LOVEJOY DISTRICT)
ITEM #6, C.C.P. JULY 22, 2008
ITEM # 11, C.C.P. JUNE26, 2012
ITEM # 98, C.C.P. MARCH 19, 2013
In Item #6, C.C.P. July 22, 2008 Your Honorable Body approved the sale of 64 Hayes to Niagara Ceramics Corporation, Mr. Bob Lupica, 74 Hayes Place, Buffalo, New
York 14210.
Item #11, C.C.P. June 26, 2012 requested that Your Honorable Body authorize rescinding the sale of 64 Hayes to Niagara Ceramics Corporation due to their failure to
respond to several notices sent to them to close on the transfer of title. This item also requested the forfeiture of the Eight Hundred Dollar ($800) deposit and the return of
the property to the Division of Real Estate's inventory for future sale.
Pursuant to Item #98, C.C.P. March 19, 2013 the Council voted to receive and file the communication presented as Item #11, C.C.P. June 26, 2012.
Therefore, I am recommending that Your Honorable Body approve rescinding the sale of 64 Hayes Place to Niagara Ceramics Corporation, forfeit the Eight Hundred Dollar
($800) deposit and return the property to the Division of Real Estate's inventory for future sale.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Strategic Planning, dated April 30, 2013, be received and filed; and
That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 64 Hayes Place and the deposit of Eight Hundred Dollars ($800.00)
down payment is forfeited by Niagara Ceramics Corporation, Mr. Bob Lupica, 74 Hayes Place, Buffalo, New York, and that the property be returned to inventory for sale.
PASSED
AYES -9 NOES -0
NO. 6
RESUBMISSION OF BUDGET AMENDMENTS TO THE E SG 2011 AND 2012 ANNUAL ACTION PLANS; AMENDMENT TO THE HOPWA 2010 ANNUAL ACTION
PLAN;
CLARIFICATION OF 2012 PUBLIC FACILITIES ALLOCATION
ITEM NO. 00002, CCP 02/15/11 (2011 Annual Action Plan - Year 37)
Item No. 00070, CCP 02/07/12 (2012 Annual Action Plan - Year 38)
Attached for Your Honorable Body's consideration, please find amended budgets for the 2011 and 2012 Annual Action Plans for the Emergency Solutions Grant portion of
the plans. Budget amendments were required for these programs due to changes in the regulations by the United States Department of Housing & Urban Development.
HUD regulations, such as the new Hearth Act, now require the expenditure of more funds for rapid rehousing rather than transitional housing and homeless prevention.
Under the new rapid rehousing model, agencies focus on placing people into permanent housing within a month or sooner" with supportive services, where with transitional
housing model individuals were still considered homeless and could remain without permanent housing for up to two years.
The U.S. Dept. of Housing & Urban Development allocated additional funding in the amount of $396,740 for the 2011 ESG Program after initial allocations were made. This
represents a new allocation of ESG funding that will be contracted through the City. In addition, the ESG portion of the 2012 Annual Action Plan was amended to comply
with new regulations set forth in the Hearth Act, which were released after the City had prepared its original plan and budget. The Annual Action Plan Amendment 2012
ESG replaces all original allocations and reallocates the funding for compliance with the new rules and regulations of the Hearth Act. This creates hardship for some
agencies, but is required in order to comply with the new regulations.
Also requiring consideration is an amendment to the 2010 Housing Opportunities fur Persons with AIDS budget. This amendment reallocates $55,000 in funding from
Group Ministries to the American Red Cross. Group Ministries was unable to conduct the program which includes short term rent, mortgage and utility assistance,
permanent housing placement, and support services; and the American Red Cross is the only agency that conducts the same program and services and has agreed to
carry out this activity.
Pursuant to HUD's citizen participation requirements, the City conducted a Public Hearing on April 11, 2012 for the 2011 ESG Amendment; and on November 15, 2012 for
the 2012 ESG and 2010 HOPWA amendments. No comments were received on the HOPWA Amendment and one comment from the Homeless Alliance was received
on the 2012 ESG Amendment (attached). The comment was reviewed and taken into consideration for the
upcoming 2013 Annual Action Plan.
Mr. Smith moved:
That the above item be, and the above communication from the Executive Director of the Office of Strategic Planning, dated April 25, 2013, be received and filed;
and
That the Office of Strategic planning is authorized to amend the 2011 Annual Action Plan for year 37, and the 2012 Annual Action Plan for year 38, with the U.S.
Department of Housing and Urban Development, to reallocate ESG funding to comply with new HUD regulations consistent with the Hearth Act, and to amend the 2010
Housing Opportunities for Persons with AIDS budget to reallocate $55,000 from Group Ministries to the American Red Cross.
PASSED
AYES -9 NOES -0
NO. 7
REVIEW OF PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT
PARTNERSHIP Annual Action Plan Amendments
The Mayor's Office of Strategic Planning has scheduled a public hearing for Thursday, May 23, 2013 at 6:00 p.m. in the Buffalo Central Library. The purpose of the public
hearing is to review proposed amendments to previously approved Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) program
funding commitments.
The amendments reallocate CDBG funds and HOME funds from prior year funding commitments. The proposed amendments do not impact the Year 39 Annual Action
Plan.
Both CDBG and HOME funds must be spent within a certain time period. The proposed amendments are designed for the funds to be spent strategically, but also
expeditiously.
The proposed CDBG amendment primarily reallocates funding to community center improvements. The City's community centers pray a critical role in meeting the needs
of the City's neighborhoods. The identified community centers serve youth and seniors, as well as provide a location for the operation of many human service agencies. The
amendments address the capital improvement needs of the community centers. Budget numbers for CDBG amendment will be provided prior to the Council's next
Community Development Committee meeting. Eligibility of certain projects is still being confirmed with HUD and budget numbers finalized.
The proposed HOME amendment primarily clarifies which projects previously received HOME funds and reallocates unused prior year funds assigned to Community
Housing Development Organizations (CHDOs) into current year CHDO activities or the owner - occupied housing program. More detail is provided in the attachment to this
communication.
The Mayor's Office of Strategic Planning will attend the Council's Community Development meeting scheduled for May 21, 2013 prepared to discuss in greater detail the
proposed CDBG and HOME amendments as well as the Year 39 Annual Action Plan. Any proposed revisions to either the amendments or the Year 39 Annual Action Plan
can be incorporated in time for the May 23 public hearing at the Central Library.
The Mayor's Office of Strategic Planning is respectfully requesting that Your Honorable Body hereby:
1. refer this communication to the Community Development Committee for discussion at the May 21 meeting along with CCP 2/19, Item 5, 2013 -14 Annual Action Plan (Yr
39 CDBG) 2013 -17 Consolidated Plan.
The Council will subsequently approve all the CDBG capital improvement items as construction contracts. Regrettably, as of the date of this filing, HUD has not been able
to provide the final budget numbers for Year 39.
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NO. 8
UTILITY EASEMENT AGREEMENT
NIAGARA MOHAWK (A.K.A. NATIONAL GRID) FOR USE OF
CITY OWNED PROPERTY LOCATED 854 ELLICOTT
PARKING GARAGE
ELLICOTT DISTRICT
The Department of Public Works, Parks & Streets has forwarded the attached proposed easement agreement from National Grid to this office to process accordingly. The
power source to the city owned parking garage located at 854 Ellicott needs to be relocated due to all the construction currently going on in the Medical Corridor. National
Grid is requesting to install the power source for 854 Ellicott directly on the city owned property.
Attached is the proposed easement, diagram of the area, legal description, along with a Utility Rider for Your Honorable Body's approval. There is urgency to National Grid
obtaining the attached easement.
Therefore, I am recommending that Your Honorable Body approve the attached easement agreement on condition that the Land Use Planning Committee, the Board of
Parking and the Corporation Counsel's Office has no objections. The attached easement shall be subject to any and all changes that the City of Buffalo's Corporation
Counsel's Office deems necessary. I am also recommending that Your Honorable Body authorize the Mayor to execute said easement.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 9
2013 -2014 BUDGET Response
Pursuant to § 20 -7 of the Buffalo City Charter, attached herewith is the Comptroller's assessment of the accuracy of the revenue and expenditure estimates of the 2013-
2014 budget and the 2013 -2017 four -year financial plan.
REFERRED TO THE COMNITTEE OF THE WHOLE
NO. 10
CAPITAL BOND ACCOUNTS - CLOSEOUT
The City of Buffalo Issues bonds to provide funds to finance the costs of various capital projects which are described in the bond resolutions submitted to the Common
Council. When we raise capital funds by selling bonds, it is reasonable to anticipate that all of the projects will proceed timely and binding commitments for the completion
of the projects will be entered into in a timely manner. Every project listed below has a balance of funds too low to fund any remaining projects as defined within the
adopted resolution.
Proceeds of bonds not expended for the object or purpose for which the bonds were sold must be applied to the payment of principal and interest on such bonds Local
Finance Law - Section 165.00)
The following accounts listed on the attachment have either
1.) Balance of funds too small to proceed with a Capital Project
2.) No further commitments
3.) Will not be used per resolution definition of project
4.) Had no activity for number of years, or
5.) Have never been used
RECEIVED AND FILED
NO. 11
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL
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 $
5,600.00 be transferred and reappropriated as set forth below:
From:
10102001 - 412002 Hourly $ 3,643.50
10110004 - 458001 Transportation Councilmember Franczyk $ 545.00
10110004 - 458002 Meals and Lodging Councilmember Franczyk $1,361.50
10110004 - 458003 Registration Fees Councilmember Franczyk $ 50.00
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 12
APPOINT SENIOR ASSESSOR(PERM)(SECOND STEP)(JACKSON)
AMENDED
CERTIFICATE OF APPOINTMENT
Appointment Effective April 29, 2013 in the Department of Assessment and Taxation to the Position of Senior Assessor, Permanent Appointment at the Second Step of
$55,597.00
Mary C. Jackson, 80 Knox Avenue, Buffalo, New York 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 13
APPOINT SENIOR ASSESSOR(PERM)(SECOND STEP)(JACKSON)
Appointment Effective April 29, 2013 in the Department of Assessment and Taxation to the Position of Supervising Assessor, Permanent Appointment at the Fourth Step
of $60,796.00
Brian A. Sullivan, 168 Lafayette Avenue, Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 14
CHANGE IN CONTRACT
POLICE HEADQUARTERS GARAGE
EMERGENCY DECK REPLACEMENT
JOB #1285
ELLICOTT DISTRICT
I hereby submit to Your Honorable Body the following changes for Police Headquarters Garage, Emergency Deck Replacement, Nichter Construction Inc., C #93001106.
1. Furnish and install an additional 300 SF of Dexotex at Add $4,200.00
the parking ramp deck.
The foregoing changes result in a net increase in the contract of Four Thousand Two Hundred and 00/100 Dollars ($4,200.00).
Summary Original Contract amount $27,100.00
Amount of This Change Order( #1) $ 4,200.00
Revised Contract Amount $31,300.00
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 35323506
445100 - 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 May 1, 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 $4,200.00 (Original Contract
Amount $27,100.00 + Change Order #1 $4,200.00 for a Revised Contract Amount of $31,300.00) for Police Headquarters Garage, Emergency Deck Replacement, to
Nichter Construction, Inc., C #93001106. Funds for this work are available in Account #35323506 445100 - Buildings.
PASSED
AYES -9 NOES -0
NO. 16
CHANGE IN CONTRACT
URBAN ENGINEERS OF NEW YORK, P.C.
CITY -WIDE SIDEWALK INSPECTION CONSULTING
SERVICES CONTRACT #93000909
1 hereby submit to your Honorable Body the following increase to the contract for the above named services. This change order is necessary to continue infrastructure
inspections for the 2013 construction season with the newly available capital bond funds in accordance with the consultant agreement.
Existing Contract Amount $239,428.00
Increase in Contract $140000.00
Total Contract to Date $379,428.00
Funds are available in Capital Projects Account # 3531 1506 - 445100 and or another account to be named at a future date.
I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body approve the subject change order
and authorize the Commissioner of Public Works, Parks & Streets to issue said change order to Urban Engineers of New York, P.C.
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 May 8,
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
$140,000.00 (Original Contract Amount $239,428.00 + Change Order #1 $140,000.00 for a Revised Contract Amount of $379,428.00) for City -wide
Sidewalk Inspection Consulting Services, to Urban Engineers of New York, P.C. C #93000909. Funds for this project are available in Capital
Projects Account #35311506 - 445100 and /or another account to be named at a future date.
PASSED
AYES 9 NOES 0
NO. 16
PERMISSION TO ENGAGE SERVICES OF CONSULTING ENGINEER
TEAM OF CONESTOGA- ROVERS & ASSOCIATES AND
NUSSBAUMER & CLARKE, INC. ENGINEERING SERVICES FOR A
NEW WATER STORAGE TANK AND SEPARATE PRESSURE ZONE
I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to enter into separate contracts with
Conestoga- Rovers & Associates (CRA) and Nussbaumer & Clarke, Inc: for study, hydraulic water system modeling, design, bid, and construction
phase services for a new Water Storage Tank for the City of Buffalo Water Distribution System and a separate pressure zone. The Water Storage
Tank is required to replace an existing open air tower located on Kensington Avenue that also lacks sufficient storage capacity. The NYS
Department of Health is requiring the City to remove this out dated open air tower and replace it with a new closed tank that meets current American
Water Works Association (AWWA) standards. This tank is vital to provide continuous reliable water service and pressure to the service area
surrounding the Erie County Medical Center campus and the separate pressure zone will further improve and stabilize pressures in the area.
CRA's contract will include the study, design, and construction phase services for the new tank. Nussbaumer & Clarke's contract will include study
(including the tank sizing and location), hydraulic modeling, design, and construction phase services for the new pressure zone and other water
distribution system improvements to maximize level of service.
The funds are available in a Division of Water account(s) 53230806 445100, an account(s) to be named at a later date. The consultant team was
chosen through the Request for Qualifications (RFQ) process.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated May 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 separate
contracts with Conestoga- Rovers & Associates (CRA) and Nussbaumer & Clarke, Inc. for study, hydraulic water system modeling, design, bid, and
construction phase services for a new water storage tank for the City of Buffalo Water Distribution System and a separate pressure zone. CRA's
contract will include the study, design and construction phase services for the new tank. Nussbaumer & Clarke's contract will include study
(including the tank sizing and location), hydraulic modeling, design and construction phase services for the new pressure zone and other water
distribution system improvements. The consultant team was chosen through a Request for Qualifications (RFQ) process. The funds are available in
Division of Water account(s) 53230806 445100, and an account(s) to be named at a later date.
PASSED
AYES 9 NOES 0
NO. 17
PERMISSION TO ENTER INTO AGREEMENTS FOR THE DESIGN, CONSTRUCTION AND
CONSTRUCTION INSPECTION FOR BRIDGE BEARING REPLACEMENT
P.I.N. #6760.33
The Federal Highway Administration (FHWA) has designated $700,000.00 for the design, construction and construction inspection for bridge
bearing replacement of various structures in the City of Buffalo. They include South Park Avenue over the Buffalo River and Louisiana Street over
Exchange St. This project is listed on the New York State Regional Transportation Improvement Program (TIP) under PIN #5760.33.
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 and the NYSDOT. These agreements would enable this Department to administer this project and
will cover all necessary work needed to complete the design, construction and construction inspection 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 May 1, 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 all necessary
agreements with the Federal Highway Administration (FHWA) and the New York State Department of Transportation (NYSDOT) for the design,
construction and construction inspection for bridge bearing replacement of various structures in the City of Buffalo. The FHWA has designated
$700,000.00 for the design, construction and construction inspection for bridge bearing replacement.
PASSED
AYES 9 NOES 0
NO. 18
PERMISSION TO HIRE CONSULTANT CITY HALL
LOW RISE WATER BOOSTER PUMPS EVALUATION AND TESTING
ELLICOTT DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Nussbaumer &
Clarke, Inc. as a consultant to provide engineering services for the City Hall Low Rise Water Booster Pumps Evaluation and Testing.
The cost for consulting services is estimated not to exceed $35,000.00. The funds are available in O &M - Buildings. The consultant has been
chosen through a Request for Qualification (RFQ) process.
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 May 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 hire Nussbaumer &
Clarke, Inc. as a consultant to provide engineering services for the City Hall Low Rise Water Booster Pumps Evaluation and Testing. The consultant
has been chosen through a Request for Qualification (RFQ) process. The funds are available in O &M - Buildings.
PASSED
AYES 9 NOES 0
NO. 19
PERMISSION TO INCREASE CONTRACT STC CONSTRUCTION
MASSACHUSETTS AVENUE PARK - PHASE II
NIAGARA DISTRICT
I hereby submit to your Honorable Body the following change for this contract. STC Construction is the contractor for reconstruction of
Massachusetts Avenue Park - Phase II project.
This increase is necessary for the following additional works by contractor:
- Electrical Meter installation revisions requested by National Grid.
- Additional Fence & Brace Rails Section, as requested by People for Sustainable Housing (PUSH).
-Park Signage.
- Replacing existing damaged Basketball equipment at the Park.
- Replacing existing single bay swing units with a double bay swing units.
Previously approved Contract Amount: $292,611.00
This Cost increase $ 19,100.00
Total: $311,711.00
I 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 and Streets to issue said increase for $19,100.00
Funds for this project are available in capital project Account # 39320506 - 445100.
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 May 8,
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
$19,100.00 (Original Contract Amount $292,611.00 + Change Order #1 $19,100.00 for a Revised Contract Amount of$311,711.00) for
Massachusetts Avenue Park - Phase II project, to STC Construction. Funds for this project are available in Capital Projects Account #39320506-
445100.
PASSED
AYES -9 NOES -0
NO. 20
AUTO IMPOUND THIRD PARTY INSPECTION
ASBESTOS ABATEMENT JOB #1288A
I requested on April 17, 2013 and received the following bids for the Auto Impound, Third Party Inspection, Asbestos Abatement, on April 26, 2013.
Stohl Environmental $750.00
4169 Allendale, Blasdell, NY
Fibertech Environmental No Bid
140 North, Buffalo, NY
Nature's Way No Bid
3553 Crittenden, Alden, NY
SJB Services No Bid
5167 South Park, Hamburg, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Environmental, with a bid of Seven Hundred Fifty
and 00/100 Dollars ($750.00) 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 April 29, 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 Auto Impound, Third -Party Inspection, Asbestos Abatement, with Stohl Environmental, in the amount of $750.00. Funds for this contract are
available in Account #35323106 445100.
PASSED
AYES 9 NOES 0
NO. 21
REPORT OF BIDS NORTH BUFFALO ICE RINK
MODIFICATIONS JOB #1249
DELAWARE DISTRICT
I advertised for on April 9, 2013, and received the following formal sealed bids for the North Buffalo Ice Rink, Modifications, which were publicly
opened and read on April 30, 2013.
General Construction
S & W Contracting
$815,000.00
701 Seneca, Buffalo NY
Telco Construction
$879,700.00
500 Buffalo Rd, East Aurora, NY
Sicoli Construction
$898,800.00
7800 Hyde Park, Niagara Falls, NY
Rodems Construction
$909,000.00
3555 N Buffalo, Orchard Park, NY
Nichter Construction
$957,000.00
30 Wildwood, Lancaster, NY
Electrical Work
Goodwin Electric $128,000.00
201 S Youngs, Williamsville, NY
South Buffalo electric $129,162.00
1250 Broadway, Buffalo NY
Industrial Power & Lighting $131,800.00
701 Seneca, Buffalo, NY
CIR Electrical $139,600.00
400 Ingham, Buffalo, NY
O'Connell Electric $149,900.00
830 Phillips, Victor, NY
Weydman Electric $154,400.00
747 Young, Tonawanda, NY
Plumbing Work
D V Brown & Associates $109,000.00
567 Vickers, Tonawanda, NY
MLP Plumbing $114,900.00
3198 Union, Cheektowaga, NY
Ackerman Plumbing $131,403.00
678 Sheridan, Tonawanda, NY
Mollenberg Betz $166,000.00
300 Scott, Buffalo, NY
Mechanical Work
John W. Danforth Co. $92,200.00
300 Colvin Woods, Tonawanda, NY
MLP Plumbing $ 92,250.00
3198 Union, Cheektowaga, NY
D V Brown & Associates $101,000.00
567 Vickers, Tonawanda, NY
Greater Niagara Mechanical $105,200.00
I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders in
accordance with the plans and specifications:
General Construction: S & W Contracting, with a bid of Eight Hundred Fifteen Thousand and 00/100 Dollars ($815,000.00)
Electrical Work: Goodwin Electric, with a bid of One Hundred Twenty Eight Thousand and 00/100 Dollars ($128,000.00)
Plumbing Work: D V Brown & Associates, with a bid of One Hundred Nine Thousand and 00/100 Dollars ($109,000.00)
Mechanical Work: John W. Danforth Co., with a bid of Ninety Two Thousand Two Hundred and 00/100 Dollars ($92,200.00)
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest
responsible bids. Funding for this project is available in 34324106 - 445100, 35323106 - 445100, 30083306 - 445100 - Buildings, and the 2013 Bond
Sale Municipal Buildings Bond.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 5, 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 North Buffalo Ice Rink modifications, with S &W Contracting, in the amount of $815,000.00 for general construction; Goodwin Electric, in the
amount of $128,000.00 for electrical work; D V Brown & Associates, in the amount of $109,000.00 for plumbing work; and John W. Danforth, in the
amount of $92,200.00 for mechanical work. Funds for this contract are available in Accounts #34324106 - 445100, 35323106 - 445100, 30083306-
445100 - Buildings, and the 2013 Bond Sale Municipal Buildings Bond.
PASSED
AYES 9 NOES 0
NO. 22
REPORT OF BIDS POLICE HEADQUARTERS FLOOR TILE REMOVAL JOB #1303
ELLICOTT DISTRICT
I asked for on March 19, 2013, and received the following informal bids for Police Headquarters, Floor Tile Removal in the Basement, which were
publicly opened and read on April 2, 2013.
Base Bid Alt. #1
Stohl Remediation Services $10,900.00 $2,900.00
4169 Allendale, Blasdell, NY
Fibertech Environmental $13,750.00 $4,450.00
140 North, Buffalo, NY
Nature's Way No Bid No Bid
3553 Crittenden, Alden, NY
Alternate #1 is for removal of mastic if tested positive.
I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Remediation Services, with a Base Bid of
$10,900.00, add Alternate #1 for $2,900.00 (if required), for a total bid price not to exceed Thirteen Thousand Eight Hundred and 00/100 Dollars
($13,800.00) is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid.
Funds for this project are available in 34324306 445100 ($1,905.82), and 35323506 445100 ($11,894.18) - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 1, 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 Police Headquarters, Floor Tile Removal in the basement, with Stohl Remediation Services, in the amount of $10,900.00 [Base Bid $10,900.00 +
Alternate #1 for $2,900.00 (if required)]. Funds for this project are available in Account #34324306 445100 ($1,905.82) and Account #35323506
445100 ($11,894.18) - Buildings.
PASSED
AYES -9 NOES -0
NO. 23
REPORT OF BIDS POLICE RADIO ANNEX
ASBESTOS ABATEMENT, ROOF REPLACEMENT AND RECONSTRUCTION
DELAWARE DISTRICT
I advertised for on April 9, 2013, and received the following formal sealed bids for the Police Radio Annex, Asbestos Abatement Roof Replacement
and Reconstruction, which were publicly opened and read on
April 25. 2013.
S & W Contracting dba Spicer Group $237,900.00
701 Seneca, Buffalo, NY
Trason Development $238,000.00
7530 Boston State, Hamburg, NY
Miller Enterprises $255,700.00
12 Newfield, Buffalo NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that S & W Contracting dba Spicer Group, with a bid of
Two Hundred Thirty Seven Thousand Nine Hundred and 00/100 Dollars ($237,900.00), 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 33320706 445100 - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated April 29, 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 Police Radio Annex, Asbestos Abatement, Roof Replacement and Reconstruction, with S & W Contracting d /b /a Spicer Group, in the amount of
$237,900.00. Funding for this project is available in Account #33320706 445100 - Buildings.
PASSED
AYES 9 NOES 0
NO. 24
REPORT OF BIDS SHOSHONE POOL GUARD HOUSE
THIRD PARTY INSPECTION
ASBESTOS ABATEMENT JOB #1288A
I requested on April 17, 2013 and received the following bids for the Shoshone Pool Guard House, Third Party Inspection, Asbestos Abatement, on
April 26, 2013.
Stohl Environmental $400.00
4169 Allendale, Blasdell, NY
Fibertech Environmental No Bid
140 North, Buffalo, NY
Nature's Way No Bid
3553 Crittenden, Alden, NY
SJB Services No Bid
5167 South Park, Hamburg, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Stohl Environmental, with a bid of Four Hundred and
00/100 Dollars ($400.00) 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 April 29, 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 Shoshone Pool Guard House, Third -Party Inspection, Asbestos Abatement, with Stohl Environmental, in the amount of $400.00. Funding for this
project is available in Account #35323106 445100 - Buildings.
PASSED
AYES 9 NOES 0
NO. 25
REPORT OF BIDS TOSH COLLINS (CAZENOVIA) ICE RINK
JOB #1261 SOUTH DISTRICT
I advertised for on April 16, 2013, and received the following formal sealed bids for the Tosh Collins (Cazenovia) Ice Rink, Modifications, which were
publicly opened and read on May 1, 2013.
Base Bid Alt #1 Alt #2 Alt #3
Miller Enterprises $23,400.00 $35,700.00 $2,700.00 $37,000.00
12 Newfield, Buffalo, NY
Allgaier Construction $29,200.00 $50,800.00 $2,100.00 $38,300.00
4790 Thompson, Clarence NY
Nichter Construction $41,000.00 $67,500.00 $3,500.00 $74,750.00
30 Wildwood, Lancaster NY
Alternate #1 : Area 'B' - Existing girls changing room and existing ref and first aid room alterations.
Alternate #2: Area'B' - Existing ref and first aid room shower stall installation and associated plumbing.
Alternate #3: Area 'A' - Interior storefront and doors replacement.
I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, Inc., with a base bid of $23,400.00,
add Alt. #1 for $35,700.00, add Air. #2 for $2,700.00, add Alt. #3 for $37,000.00, for a total bid of Ninety Eight Thousand Eight Hundred and 00/100
Dollars ($98,800.00) is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low bid.
Funds for this project are available in 35320706 445100 - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Public Works, Parks and Streets, dated May 2, 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 Tosh Collins (Cazenovia) Ice Rink Modifications, with Miller Enterprises, Inc., in the amount of $98,800.00 (Base Bid of $23,400.00, add Alt.
#1 for $35,700.00, add Alt. #2 for $2,700.00, add Alt. #3 for $37,000.00 for a Total Bid of $98,800.00). Funds for this contract are available in
Account #35320706 445100 - Buildings.
PASSED
AYES 9 NOES 0
NO. 26
APPOINT DEPUTY DOMM OF PUBLIC WORKS, PARKS, AND STREETS(PROV)(SHELL)
Certificate of Appointment
Appointment effective 4/29/13 in the Department of Public Works, Parks & Streets Division of Buildings to the position of Deputy Commissioner of
Public Works, Parks & Streets for Buildings & Energy Management Provisional Open- Competitive Flat Starting Salary of $70,000.
Jason Shell, 432 Norwood Avenue, Buffalo 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 27
APPOINT RECYCLING COORDINATOR(PROV)(ATTRIDGE)
Certificate of Appointment
Appointment effective 5/2/13 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Recycling Coordinator
Provisional Open- Competitive Flat Starting Salary of $54,500.
Susan Attridge, 2920 S. Creek Rd, Hamburg 14075
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 28
APPOINT SUPERVISOR OF STREET SANITATION (PROV)(INTER)(GORSKI)
Certificate of Appointment
Appointment effective 4/29/13 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Supervisor Street Sanitation
Provisional Open- Competitive Intermediate Starting Salary of $39,010 (step 3)
Marcus Gorski, 129 Evergreen Drive, Tonawanda 14150
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 29
FOOD STORE (NEW) 1175 HERTEL AKA 1183 % HERTEL (DELAWARE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store
License located at 1175 Hertel aka 1183 Y2 Hertel (Baghdad Communications & Accessories /ADEL FAROUQ KADIR) and find that as to form is
correct. I have caused an investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all
regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 30
MOBILE FOOD TRUCK 2188 KENSINGTON
(HOME ADDRESS)(NEW APPLICATION)
Pursuant to Chapter 316 Article IX of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the food truck at
2188 Kensington for which said application for a Mobile Food Truck license is being sought by Kim Suphankomut@ Thai Me Up Food Truck LLC
and according to the attached reports from the Fire Department and Police record check 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 Commissioner of the Department of Permit and Inspection Services, dated May 3,
2013, be received and filed; and
That pursuant to Chapter 316, Article IX of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit
and Inspection Services be, and he hereby is authorized to grant a Mobile Food Truck License to Kim Suphankomut d /b /a Thai Me Up Food Truck
LLC is hereby approved.
PASSED
AYES 9, NOES 0
NO. 31
PAWNBROKER 2202 SENECA (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Pawnbroker
License located at 2202 Seneca and find that as to form is correct. I have caused an investigation into the premises for which said application for a
Pawnbroker license is being sought and according to the attached reports from the Zoning Office, 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 Robert Nuchereno. The
attached thereto for Robert Nuchereuo d /b /a /Buffalo Jewelry and Loan LLC. This request is submitted for your approval or whatever action you
deem appropriate.
Mr. Smith moved:
That the above item be, and the above item from the Commissioner of the Department of Permits and Inspection Services, dated May 9, 2013, be
received and filed; and
That pursuant to Chapter 254 of the City of Buffalo Ordinances, the Commissioner of the Department of Economic Development Permit and
Inspection Services be, and he hereby is authorized to grant a Pawnbroker License to Robert Nuchereno d /b /a Buffalo Jewelry and Loan LLC
located at 2202 Seneca is hereby approved.
PASSED
NO. 32
SECOND HAND DEALER 46 ALLEN (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand
Dealer License located at 45 Allen and find that as to form is correct. I have caused an investigation into the premises for which said application for
a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building
Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of Thomas Azzarella. The attached thereto for Thomas Azzarella d /b /a /Rick Cycles Shop. This request is submitted for your approval or
whatever action you deem appropriate.
Mr. Smith moved:
That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated May 8,
2013, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be,
and he hereby is authorized to grant a Second Hand Dealer License to Thomas Azzarella d /b /a Rick Cycles Shop located at 45 Allen is hereby
approved.
PASSED
AYES 9 NOES 0
NO. 33
SECOND HAND DEALER 1400 BAILEY (LOVEJOY)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand
Dealer License located at 1400 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application
for a second band 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 James Mazzariello. The attached thereto for James Mazzariello d /b /a Buffalo Gold Rush. This request is submitted for your approval or
whatever action you deem appropriate.
Mr. Smith moved:
That the above communication from the Commissioner of the Department of Economic Development Permit and Inspection Services dated May 2,
2013, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be,
and he hereby is authorized to grant a Second Hand Dealer License to James Mazzariello d /b /a Buffalo Gold Rush located at 1400 Bailey is hereby
approved.
PASSED
AYES 9 NOES 0
NO. 34
SECOND HAND DEALER 2202 SENECA (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand
Dealer License located at 2202 Seneca and find that as to form is correct. I have caused an investigation into the premises for which said
application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and
Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into
the moral character of Robert Nuchereno. The attached thereto for Robert Nuchereno d /b /a /Buffalo Jewelry and Loan LLC. 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 Commissioner of the Department of Permit and Inspection Services, dated May 9,
2013, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of the Department of Economic Development Permit and Inspection Services be,
and he hereby is authorized to grant a Second Hand Dealer License to Robert Nuchereno d /b /a Buffalo Jewelry and Loan LLC located at 2202
Seneca Street is hereby approved.
PASSED
AYES -9 NOES -0
NO. 36
USED CAR DEALER 796 BAILEY (LOVEJOY)
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 795 Bailey 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 Masset
William. The attached thereto for Masset William /dba /Equipment Plus Rentals. 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 Commissioner of the Department of Economic Development, Permit and Inspection
Services, dated May 6, 2013, be received and filed; and
That the Commissioner of the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter
254 of the City Code to issue a Used Car Dealer License to Masset William d /b /a Equipment Plus Rentals, located at 795 Bailey.
PASSED
AYES 9 NOES 0
NO. 36
APPOINT ELECTRICAL INSPECTOR(TEMP)(FIFTH STEP)(O'CONNOR)
Certificate of Appointment
Appointment effective 4/29/13 in the Department of Inspections Division of Permit & Inspection Services to the Position of Electrical Inspector
Temporary Appointment Fifth Step starting salary of $55,508
Kevin O'Connor, 303 Choate Avenue, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY &
URBAN AFFAIRS
NO. 37
APPOINT JUNIOR COLLECTION OFFICER(MANNEY)(PERM)(5 STEP)
Certificate of Appointment
Appointment effective 5/13/13 in the Department of Administration, Finance Policy & Urban Affairs to the Position of Junior Collection Officer
Permanent Starting Salary of $33,722
Carolyn E. Manney, 257 Westminister, Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
COMMISSIONER OF PARKING
NO. 38
ELECTRICAL LIGHTING UPGRADE
Permission is requested from your Honorable Body to allow the Department of Parking to enter into two agreements with National Grid. These
agreements will upgrade the existing lighting at the Mohawk parking ramp and Ellicott -Oak surface lot to high efficiency LED lighting fixtures.
The total cost of the Mohawk parking ramp upgrade is $74,807.10. National Grid will contribute $35,174.47. The Department of Parking will pay the
balance of $39,632.63. We anticipate annual savings of $11,937.54. This results in a 3.32 year payback.
On the Ellicott -Oak surface lot the total cost is $14,979.42. National grid will contribute $10,603.61, the balance $4,375.81, will be paid by the
department of parking. This will result in annual savings of $2,514.83, resulting in a 1.74 year payback.
We are also requesting permission to receive the estimated National Grid contribution as part of the above agreements.
Funding is available in the Parking Enterprise Fund, Org 51008207470010.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Parking, dated May 9, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of Parking to enter into agreements with National Grid to upgrade the existing
lighting at the Mohawk Parking Ramp and Ellicott -Oak surface lot to high efficiency LED lighting fixtures. The total cost of the Mohawk Parking
Ramp upgrade is $74,807.10 (National Grid will contribute $35,174.47 and the Department of Parking will contribute $39,632.63). The total cost of
the Ellicott -Oak surface lot upgrade is $14,979.42 (National Grid will contribute $10,603.61. The Department of Parking will contribute $4,375.81).
Funding for this project is available in Parking Enterprise Fund, Ord. 51008207470010.
PASSED
AYES 9 NOES 0
NO. 39
PERMIT FOR USE OF STATE OWNED LAND
Permission is requested from your Honorable Body to enter into an agreement with the NY State Department of Transportation.
The agreement is a Permit for Use of State -Owned Property. The State owns the property located under the Skyway, bounded by Upper, Terrace,
Erie Street, Lower Terrace, and the bridge abutment. AIIPro Parking is the operator of the lot and leases it for $1200 /month. The City of Buffalo will
keep $600 /month and wilt remit to the DOT $600 /month.
Attached, please find Permit Account #52179.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Parking, dated May 9, 2013, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Parking to enter into an agreement with the New York State
Department of Transportation to use state -owned property located under the Skyway, bounded by Upper Terrance, Erie Street, Lower Terrace and
the bridge abutment.
PASSED
AYES 9 NOES 0
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 40
REQUEST TO ENTER INTO CONTRACT
GREAT LAKES PHYSICIAN SERVICES
PHYSICALS AND DRUG TESTING
NEW, CURRENT & RETURNING EMPLOYEES
The Department of Human Resources /Civil Service solicited proposals for physicals and drug testing for new hire, current and returning employees.
The RFP team selected the bid of Be Well Healthcare Medicine d /b /a Great Lakes Physician Services for said services.
The Department of Human Resources /Civil Service respectfully requests authorization from the Common Council to enter into contract with Great
Lakes Physician Services.
The contract will begin as soon as possible and will be in- effect for a period of one (1) year with the mutual option of three (3) additional periods of
one (1) year each.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Human Resources, dated May 9, 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 Be Well
Healthcare Medicine d /b /a Great Lakes Physician Services for the physicals and drug testing for new hire, current and returning employees. The
consultant was chosen through a Request for Qualifications (RFQ) process.
PASSED
AYES 9 NOES 0
FROM THE CITY CLERK
NO. 41
NOTICE OF INTENTION - REQUEST TO RENAME RIVERSIDE ACCESS ROAD CCP# 89,04/30/13
This is to advise you that the public hearing for the above item is set for 05/28/2013 at 2:00 p.m. in The Common Council Chambers. This will be
advertised in the Buffalo News on 05/17/2013 and 05/24/2013.
ADOPTED
NO.42
CHICKEN LICENSE COMPLAINT -140 DEWITT
Attached Please Find A complaint received in our Office Regarding the Application for a Chicken License at 140 Dewitt. Per the City Charter the
License is before your Body for Approval or Disapproval.
Dear Mr. Chwalinski:
Re: 140 Dewitt Street
Request for the Issuance of a Chicken License
As per your letter dated April 10, 2013, we are writing to inform you of our opposition to the request of the owner of 140 Dewitt Street in the City of
Buffalo to obtain a chicken license for the following reasons:
1.) Diseases and viruses specifically carried and spread by fowl.
2.) Containment issues. For the past two years we have been experiencing a problem with our neighbor, "The Cat Man." Last year he had over 20
cats in his apartment and the majority of them defecated on our lawn on a daily basis. We removed all types of cat excrement from the lawn
constantly so our grandchildren could enjoy the front and back yard before the cats came back. Although our neighbor openly fed the cats on his
front porch and left a window open in his apartment for the cats to enter and exit, the City called them "feral" cats and did nothing to help the
situation. He now has 5 to 8 cats and the problem is starting all over again. The cats are all over our porch and in our yard. We would prefer not to
see chickens there too!
By the way, last year at different times when our doors were open, a cat was in the basement, one was in our apartment and one was in our vehicle.
At least 3 cats died when they were hit by cars.
Please have someone contact us regarding the cat issue as explained above.
3.) Noise issues plus. What if sexing errors occur and the owner ends up with a rooster? We are already overwhelmed with noisy neighbors, vehicle
sound systems and barking dogs. In our opinion, the City's handling of those issues is poor at best.
4.) Odor issues.
5.) Based on past history, we question how responsive the City would be regarding enforcement of any ordinance issue that may arise or whether
complaints would become more ignored "quality of life" issues.
Thank you for considering our concerns.
Frank & Gail Price
1119 West Avenue
Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 43
CHICKEN LICENSE COMPLAINT -354 BAYNES (NORTH)
Attached Please Find A complaint received in our Office Regarding the Application for a Chicken License at 354 Baynes.
Per the City Charter the License is before your Body for Approval or Disapproval.
Concerning the Chicken License at 354 Baynes, Buffalo, NY 14213
On March 25 I received a letter stating that the house behind my property was applying for a Chicken License for a maximum of 5 chickens. My
main concern is the rat problem that is already around the houses and the filth from the chickens will just attract more of them in an unclean
environment.
If the Chickens are allowed, I would appreciate an occasional inspection in the area of chickens to make sure a clean and healthy environment is
maintained.
If possible I would like to be anemones on this issue.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 44
APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA (ELL)(6/28/13)
Tavern Event permitting entry of patrons under age 21 where alcohol is served
Pursuant to §511.68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo
for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons
aged 21 and over
1. NAME OF APPLICANT Phez Entertainment LLC
2. BUSINESS ADDRESS 75 W. Chippewa St. Buffalo NY 14202
3. NAME OF EVENT Lux Fun
4. IS THIS A ONE -TIME EVENT: Yes
5. DATE OF ONE -TIME EVENT 6/28/13
6. IS THIS A RECURRING EVENT No
7. NUMBER OF PEOPLE ANTICIPATED TO ATTENT 350 people
8. START TIME AND END TIME OF EVENT start 10pm end 4am
Mr. Smith moved:
That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 14, 2013, be received and filed; and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where
alcohol is served at an event to occur on June 28, 2013 is approved upon the following conditions:
• All patrons under the age of 21 will have black Xs on both hands
• All patrons age 21 and over will have a wristband indicating that they are 21 and /or over
• Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons
• Licensed security will be patrolling the venue at all times
• A one drink per wristband policy will be in effect
PASSED
AYES 9 NOES 0
NO. 46
APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA (ELL)(7/12/13)
Tavern Event permitting entry of patrons under age 21 where alcohol is served
Pursuant to §511.68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo
for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons
aged 21 and over
1. NAME OF APPLICANT Phez Entertainment LLC
2. BUSINESS ADDRESS 75 W. Chippewa St. Buffalo NY 14202
3. NAME OF EVENT Lux OF July
4. IS THIS A ONE -TIME EVENT: Yes
5. DATE OF ONE -TIME EVENT 7/12/13
6. IS THIS A RECURRING EVENT No
7. NUMBER OF PEOPLE ANTICIPATED TO ATTENT 300 people
8. START TIME AND END TIME OF EVENT start 10pm end 4am
Mr. Smith moved:
That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 14, 2013, be received and filed; and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where
alcohol is served at an event to occur on July 12, 2013 is approved upon the following conditions:
• All patrons under the age of 21 will have black Xs on both hands
• All patrons age 21 and over will have a wristband indicating that they are 21 and /or over
• Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons
• Licensed security will be patrolling the venue at all times
• A one drink per wristband policy will be in effect
PASSED
AYES 9 NOES 0
NO. 46
APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA (ELL)(7/26/13)
Tavern Event permitting entry of patrons under age 21 where alcohol is served
Pursuant to §511.68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo
for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons
aged 21 and over
1. NAME OF APPLICANT Phez Entertainment LLC
2. BUSINESS ADDRESS 75 W. Chippewa St. Buffalo NY 14202
3. NAME OF EVENT HOTT @ LUX
4. IS THIS A ONE -TIME EVENT: Yes
5. DATE OF ONE -TIME EVENT 7/26/13
6. IS THIS A RECURRING EVENT No
7. NUMBER OF PEOPLE ANTICIPATED TO ATTENT 400 people
8. START TIME AND END TIME OF EVENT start 10pm end 4am
Mr. Smith moved:
That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 14, 2013, be received and filed; and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where
alcohol is served at an event to occur on July 26, 2013 is approved upon the following conditions:
• All patrons under the age of 21 will have black Xs on both hands
• All patrons age 21 and over will have a wristband indicating that they are 21 and /or over
• Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons
• Licensed security will be patrolling the venue at all times
• A one drink per wristband policy will be in effect
PASSED
AYES 9 NOES 0
NO. 47
APPLICATION FOR RESTRICTED USE PERMIT -75 W. CHIPPEWA (ELL)(6/14/13)
Tavern Event permitting entry of patrons under age 21 where alcohol is served
Pursuant to §511.68.6 of the Code of the City of Buffalo, the undersigned hereby makes application to the Common Council of the City of Buffalo
for a permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons
aged 21 and over
1. NAME OF APPLICANT Phez Entertainment LLC
2. BUSINESS ADDRESS 75 W. Chippewa St. Buffalo NY 14202
3. NAME OF EVENT Summer Lux
4. IS THIS A ONE -TIME EVENT: Yes
5. DATE OF ONE -TIME EVENT 6/14/13
6. IS THIS A RECURRING EVENT No
7. NUMBER OF PEOPLE ANTICIPATED TO ATTENT 300 people
8. START TIME AND END TIME OF EVENT start 10pm end 4am
Mr. Smith moved:
That the above item be, and the above communication the Office of the City Clerk of Buffalo dated May 14, 2013, be received and filed; and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where
alcohol is served at an event to occur on June 14, 2013 is approved upon the following conditions:
• All patrons under the age of 21 will have black Xs on both hands
• All patrons age 21 and over will have a wristband indicating that they are 21 and /or over
• Eighteen (18) staff members will be on duty to ensure the safety and wellbeing of all patrons
• Licensed security will be patrolling the venue at all times
• A one drink per wristband policy will be in effect
PASSED
AYES 9 NOES 0
NO. 48
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owner's Name
810 Elmwood Avenue Taste of Siam Taste of Siam LLC
1 Letchworth St The Bison Tavern The Bison Tavern LLC
RECEIVED AND FILED
NO. 49
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- Chris Brown, Marisa Masecchia, Patrick McDonald, Roxanne Schweitzer
RECEIVED AND FILED.
NO. 50
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership
attendance at their respective meetings:
Buffalo Sewer Authority
RECEIVED AND FILED.
NO. 51
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
Certificate of Appointment
Appointment effective 4/29/13 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Seasonal Non -
Competitive Flat Starting Salary of $12.47
Robert Debold, 268 Hastings Avenue, Buffalo 14215
Dunwand Dowell, 668 Wyoming Avenue, Buffalo 14215
James Francis, 137 Vandalia, Buffalo 14204
Certificate of Appointment
Appointment effective 4/29/13 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Bridge Operating
Engineer Seasonal Non - Competitive Flat Starting Salary of $12.47
Lewis King, 159 Chester St. Buffalo 14208
Certificate of Appointment
Appointment effective 4/18/13 in the Department of Inspections Division of Permit & Inspection Services to the Position of Laborer II Seasonal Non -
Competitive Minimum Starting Salary of $12.47
John Caputo, 317 Fargo Avenue, Buffalo 14213
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).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Certificate of Appointment
Appointment effective 4/26/13 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Laborer II Permanent Non -
Competitive Minimum Starting Salary of $23,130
Michael Gist, 52 Lark St., Buffalo 14211
Certificate of Appointment
Appointment effective 4/29/13 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver (Streets)
Temporary Open- Competitive Minimum Starting Salary of $23,130
Ricky L. Pereira Sr., 128 Bame Avenue, Buffalo 14215
Certificate of Appointment
Appointment effective 5/6/13 in the Department of Admin. & Finance, Policy & Urban Affairs Division of Inventory and Stores to the position of Mail
and Supply Clerk Permanent Open- Competitive Minimum Starting Salary of $34, 402
Brain M. McCarthy Jr., 202 Columbus Avenue, Buffalo 14220
Certificate of Appointment
Appointment effective 5/6/13 in the Department of Police Division of Commissioner's Office to the Position of Report Technician (Spanish
Speaking) Provisional Appointment Minimum Starting Salary of $32,816
Jennifer Gonzalez, 100 7 Appointment
apt 302, Buffalo 14201
Certificate of Appointment
Appointment effective 5/6/13 in the Department of Police Division of Fleet Maintenance to the Position of Superintendent of Fleet Maintenance
Provisional Appointment Minimum Starting Salary of $47,430
William Mazur, 50 Hilltowne Drive, Orchard Park 14127
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 53
LP CIMINELLI -BOARD PACKET DOCUMENTS MAY 2013
Attached are the following documents from the Joint Schools Construction Board meeting scheduled on May 6, 2013:
1. Agenda
2. Meeting Minutes from JSCB Meeting dated April 8, 2013
3. Fully Executed Phase V Application and Certificate for Payment No. 40 - March 2013
4. Phase III Application and Certificate for Payment No. 58 - April 2013
5. Phase V Application and Certificate for Payment No. 41 - April 2013
6. Program Packaging and Development Services (PPDS) Provider Update
7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase V Project -
March 2013
8. Compliance & Administrative Services of New York Compliance Monthly Report for Phase V - March 2013
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 54
CONCERNS - APOLLOW MEDIA CENTER
From: The Independent Producers Alliance (Apollo Media Center )
In the 2:OOpm committee meeting in the common council chambers on April 23, 2013, the committee chairman Mr. Pridgen instructed the director of
the office of telecommunications, Tom Tarapaki, to meet with us (IPA) and start a dialogue about the changes needed at the Apollo. As we departed
the council chambers Mr. Tarapaki set a date for the meeting of Friday, 4 -26 -23 at 12:30pm at the Apollo. The meeting started at 12:40 and at 12:45
Mr. Tarapaki informed us that he had a meeting at 1:OOpm. I asked him why he would meet us at 12:30pm when he knew he had a meeting at
1:OOpm. I feel he was not acting in good faith. Tarapaki refused to set a date for a next meeting.
Tarapaki refused to talk about anything except what he wanted to talk about. He said he had a laser like focus on the front studio
equipment, yet his list did not include all the equipment necessary to properly update the front studio. Tarapaki brought a equipment list with no
prices connected to each item, in fact there wasn't even a total cost attached to the list. We felt he was very disrespectful with what he presented us
with. This action was an insult to the intelligence of every person in that room.
Councilman Rivera informed Mr. Tarapaki that he wanted the producers to be satisfied with the changes to the Apollo before the council would
approve his budget requests. To Date we are not satisfied. Mr. Tarapaki has not followed the instructions of the common council.
I meant with Councilman Rivera on Wednesday, 5 -1 -13, and after discussing the situation with him he suggested that I submit a request to come
before the council pertaining to these issues
This is a formal request to go before the council and get some clarity on these issues.
Also we request the following information at the common council chambers meeting
1. Copy of the annual budget request from the office of telecommunications
2. Access to the public files relating to Public Access at the Apollo
3. The exact amount of funds allocated for Public Access equipment updates from Time Warner
4. The exact prices of the equipment listed on Tarapaki's List
5. Copy of expenditures on public access equipment for the last 10 years
6. Answer to why the time of operation at the Apollo hasn't been extended to date
7. Answer to why the Independent Producers Alliance can't have an office space in the Apollo Media Center
8. Who is the contact person at Time Warner?
This is a formal request to come before the common council about these issues
Sincerely,
Nate Boyd
President, Independent Producers Alliance
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS AND DIRECTOR OF TELECOMMUNICATIONS
NO. 66
J. GOLOMBEK -R. HIRSCH- CONCERNS CUSTOMER SUPPORT TIME WARNER CABLE
Dear Mr. Chwalinski,
I ask that you file the attached letter for discussion at the May 14, 2013 Common Council meeting.
I thank you for your time and consideration on this matter. If you have any further questions, please feel free to contact me at 851 -5116.
Sincerely,
Joseph Golombek Jr.
North District Council Member
From: Robert Hirsch [mail to:Hirsch(alightresearch.net]
Dear Joe,
We would like to express our disgust with the lousy service and customer support Time Warner is supplying to our area regarding Internet and
telephone service.
In the past week or so we have experienced on -going service outages, lasting hours as well as spotty service, which has Not been rectified. We end
up speaking to someone in India, are left on eternal hold, their technicians are unable to fix the problem, and they do not seem to have the enough
knowledge staff to support their service.
Due to the monopoly that the City of Buffalo has granted Time Warner we don't much choice.
Who wants to do business or live in an area that can't even provide reliable Internet and telephone service?
Please advise.
Thank you.
Bob
Robert Hirsch & Adele Henderson
146 Newfield Street
Buffalo, NY 14207 -1650 USA
716 - 871 -9600
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS AND THE DIRECTOR OF TELECOMMUNICATIONS
NO. 66
M. KAUFMAN -RESP FOR CHICKEN LICENSE 140 DEWITT
Mr. Chwalinski,
I applied for a chicken license with the city clerk on April 9, 2012. The clerk received one complaint about my application, and I was told the
Common Council would vote on the application on May 14.
1 have talked with Mr. and Mrs. Frank Price about their complaint. During our conversation on May 9, 2013 he stated that he felt we were addressing
his concerns adequately and that he had no problem with us going forward with obtaining the license. He offered his phone number to be contacted
further by myself or city officials about this issue. He can be reached at 716 - 885 -2471.
In response to his concerns:
1. We stated that we have young children and aim to keep the coop as clean as possible and have no desire to spread diseases for our own sake
as well as our neighbors. Research shows that chicken to human transmission of disease is rare, happens mostly to those directly handling the
birds, and is most commonly transmitted by eating food that has come in contact with chicken feces, and we don't plan on doing that!
2. We too share Mr. Price's concern about the stray cats in the neighborhood. We do not keep cats at our property, and have experienced the
same problems with stray cats, including them getting into our home.
3. If sexing errors occur we will immediately remove the roosters. They can be relocated to my sister's chicken farm or friends who live in Steuben
County.
4. As stated in our application we will be removing manure regularly and putting into the rat -free compost systems we have at our nearby community
garden. It is an elevated metal tumbler composter with latched openings. In this system it will compost quickly and be incorporated into the garden
soil, minimizing odors. S. I also encouraged Mr. Price to contact me directly with any future issues and we will do everything we can to be good
neighbors and eliminate problems that arise. We have only been in the neighborhood a short
time, but have had nothing but a cordial relationship with Mr. Price.
Additionally I contacted residents at each of the remaining properties within 50' of our property, and residents of each property signed a petition in
support of our application. Please see the attached petition.
I ask your office, the Common Council, and the Mayor to approve our application for a chicken license. We have been very responsible home and
land owners. We have renovated and re- inhabited a blighted house that sat empty for years, and created numerous community and market gardens
in our neighborhood. When the city inspectors took issue with the way some of the materials at our garden lots were being kept over the winter,
Sean Mulligan, from Councilman Rivera's office, can attest to how upon his visit to our property, we were out in 20 degree weather working to correct
the problem. We will be just as responsible and responsive in the upkeep of the chickens we are hoping to keep on our property.
I appreciate your time and consideration.
Sincerely,
Matt Kauffman
140 Dewitt St.
Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 57
M. LOCURTO -J. MAGAVERN- PROPOSED GREEN CODE
Dear Mr. Chwalinski:
Please file the attached item for further discussion at the next Common Council session to be held on May 14th, 2013.
Thank you in advance for your assistance in this matter.
Sincerely,
Michael J. LoCurto
Delaware District Councilmember
Re: Proposed Green Code
Dear Mr. Hawley:
The Working Group Draft Green Code, or "City of Buffalo Unified Development Ordinance," is an impressive and progressive piece of work. I do
have two or three serious reservations, however.
The proposal not to include any off - street parking requirements, but to leave this issue to the market, violates the basic rationale for land use
regulation -- that the market does not adequately account for and restrain external costs. A developer who is allowed to undertake a project that will
generate greater demand for on- street parking than the neighborhood can reasonably accommodate is able to impose a large part of the costs of
inadequate parking upon neighboring residents and the community. Bearing only a small part of the costs himself, the developer will lack sufficient
incentive to provide the off - street parking necessary to avoid those costs.
The risk that developers will not provide enough parking would be increased both by the relaxation of density and use restrictions in the new code,
and by the requirement of major site plan approval for construction or expansion of parking lots with ten or more spaces, which might become
something of a disincentive to provide off - street parking.
It is not necessary for the Code itself to prescribe minimum off - street parking ratios. Rather, the Code could address the issue by including parking
as a subject of major site plan review and expanding the scope of such review to include construction at a much lower threshold than the proposed
40,000 square feet.
Even apart from the parking issue, I believe that the scope of major site plan review should be extended to include projects smaller than 40,000
square feet, and that major site plan review should require approval by the Common Council. The positive experience of the Elmwood district in the
last several decades is owing in significant part to the role of the Council in the development review process, and the opportunity this offers for
effective citizen participation.
In view of the admirably innovative character of the new Code, care is needed to avert unintended adverse consequences. To that end, it would be
prudent to require site plan review and Common Council approval for a relatively broad range of development projects at the outset. To the extent
that such review proves unnecessarily burdensome, it could then be dispensed with by amendment of the Code as experience indicates.
Thank you for your consideration of these views.
Sincerely,
James L. Magavern
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 58
S. MURPHY - LETTER OF APPRECIATION FROM BOSTON CITY COUNCIL RE COMPASSION
Dear Council President Fontana,
On behalf of the Boston City Council, I thank you for your kind words in light of the recent events that affected our City. The outpouring of
compassion from across the country is made more evident every day.
Boston has a reputation of being a city of deeply defined neighborhoods. There is a reassurance in knowing that strangers standing next to one
another are now considered neighbors who have stood with us in the face of tragedy.
I am proud of the way Bostonians responded to the events on Patriot's Day. Our City, State and Federal officials acted swiftly and competently,
showing professionalism beyond measure. The City is transitioning back to normal operations.
Your condolences and support are greatly appreciated during these difficult times.
Sincerely,
Stephen J. Murphy
President
Boston City Council
RECEIVED AND FILED
NO. 59
PHILLIPS LYTLE, LLP- APPLICATION BY T MOBILE FOR INSTALL OF
COMMUNICATIONS TOWER -523 & 535 NORTHAMPTON ST (ELL)
Application by T- Mobile Northeast LLC for installation of communications tower and related equipment at the property located at 523 and 535
Northampton Street, Buffalo, New York 14208 ( "Site ")
Dear Ladies and Gentlemen:
This Firm represents T- Mobile Northeast LLC (7-Mobile" or "Applicant "), and we submit this Letter of Intent on its behalf in connection with its
application ( "Application ") for a Restricted Use Permit ( "RUP') from the City of Buffalo Common Council ( "Common Council ") pursuant to Section
511 -158 and Section 511 -55 of the Charter and Code of the City of Buffalo ( "Code ") to construct a new wireless telecommunications facility
( "Facility ") at the Site ( "Project "). The Facility will replace a site that was recently decommissioned at Deaconess Hospital on Humboldt Parkway (the
Hospital was demolished). A temporary site consisting of a cell tower on wheels (trailer with 86 foot guyed monopole) was established at 533
Northampton Street upon the decommissioning of the Deaconess site to continue to provide service. However, T- Mobile needs to develop a
permanent replacement for the Deaconess site.
The Project is proposed pursuant to a lease between St. Martin De Porres Roman Catholic Church Society of Buffalo, N.Y. as Site owner and T-
Mobile as tenant. The Project will involve the installation of a 90' monopole, with six (6) antennas initially (ultimately nine (9)), at a centerline height of
90' and a base transceiver station with three cabinets within a 50' by 50' fenced area. See Exhibit A. The fenced area will be screened and
landscaped.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 60
B. RUSSELL -G. ARTHUR - HAZARDOUS CONDITION -154 ROEBLING
Please file with the Common Council asap.
Hazardous Book
City Clerk's Office
13 Floor, City Hall
65 Niagara Square
Buffalo, New York 14202
Dear Sir,
I wish to report a very dangerous condition caused by the roots of a city owned tree in front of 154 Roebling Avenue, Buffalo, New York.
The roots of the tree have caused one panel of the sidewalk to rise above the others making it uneven and cracking in the middle. Taxpayers walking
down the sidewalk have tripped over the raised panel. We are afraid that one of the children or residents of the neighborhood may trip and cause
bodily harm to themselves.
We are hereby putting the City of Buffalo on notice of this very, very dangerous and hazardous condition and requesting that it be repaired
immediately and make safe for all to walk and play.
We are also requesting that this notice be entered into the City's Hazardous Book and —lease let us know the date and time of entrance.
Sincerely,
George K. Arthur
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS
PETITIONS
NO. 61
A. WALTERS, AGENT, USE 535 NORTHAMPTON TO ERECT A 90' MONOPOLE CELL TOWER
(ELL)(HRG 05/21)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 62
Y. AMIN, OWNER, USE 1146 AKA 1150 HERTEL TO EXPAND AN EXISTING BAKERY /TAKE
OUT RESTAURANT WITH AN OUTDOOR PATIO(DEL)(HRG 05/21)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 63
B. BERNATOVICZ, AGENT, USE 175 NORTH FOR A FREESTANDING SIGN NOT FLAT AGAINST
BUILDING(ELL)(HRG 05/21)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 64
J. CARRIER, OWNER, USE 600 E. NORTH ST. -TO PLACE 4' FENCE AND POST FOR CANOPY ON CITY
ROW, OUTDOOR CAFE W /LIVE MUSIC (FILL)(NO HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE ZONING BOARD
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 65
APPOINTMENT - CITY OF BUFFALO BOARD OF ETHICS
(ITEM NO. 1, C.C.P., APR. 30, 2013)
Mrs. Russell 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 confirms the reappointment of Douglas R. Coppola, Esq. and James L. Magavern to serve on as members of the
City of Buffalo Board of Ethics, and Elizabeth Brooke Harned, Esq. to serve as a member of the City of Buffalo Board of Ethics.
PASSED
AYES 9 NOES 0
NO. 66
DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE BOARD OF TRUSTEES OF THE
BUFFALO AND ERIE COUNTY LIBRARY
(ITEM NO. 2, C.C.P., APR. 30, 2013)
Mrs. Russell moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval:
That the designated nominees to the Board of Trustees of the Buffalo and Erie County Public Library of Amy Alvarez- Perez, MD, residing at 957
Delaware Avenue, of Jessica Maglietto- Smith, residing at 480 Woodward, and Bernadette Taylor, residing at 143 Walnut, subject to confirmation by
the Erie County Legislature, for a term expiring December 31, 2018 be, and they hereby are approved.
PASSED
AYES 9 NOES 0
NO. 67
APPOINT CLERK(INTEO(LOCKWOOD)(EDPI)
CCP# 32, 04/30
Mrs. Russell moved
That Communication 32 of April 30, 2013, be received and Filed and that the Permanent appointment of Christian Lockwood, 712 Main St, Apt. 309,
Buffalo, NY 14201 to the Position of Clerk, at the Intermediate Salary of $31,257.00 is hereby approved
PASSED
AYES - 9 NOES- 0
NO. 68
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM
CCP #38, 04/30
Mrs. Russell moved
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK, JR., CHAIRMAN)
NO. 69
REPORT OF SALE - 310 CORNWALL (MASTEN)(STRAT PLAN)
(ITEM NO. 64, C.C.P., APR. 30, 2013)
Mr. Golombek moved:
That the above item be, and the same hereby is returned to the Common Council without recommendation
That the offer from Mr. Anthony R. Garr and Mrs. Adrienne C. Garr of 223 Virgil Avenue, Buffalo, New York 14216, in the amount of Four Thousand
Five Hundred Dollars ($4,500.00) for the purchase of 310 Cornwall, 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 mad 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. 70
REPORT OF SALE - 206 WINSLOW (MASTEN)(STRAT PLAN)
(ITEM NO. 67, C.C.P., APR. 30, 2013)
Mr. Golombek moved:
That the above item be, and the same hereby is returned to the Common Council without recommendation;
That the offer from Mr. Leighton B. Lindsay and Mrs. Dawn M. Lindsay of 654 Amherst Street, Buffalo, New York 14207, in the amount of Two
Thousand Five Hundred Dollars ($2,500.00) for the purchase of 206 Winslow, 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. 71
S. GAWLIK, ESG -NYS URBAN DEV CORP- CANALSIDE PROJECT UPDATE
(C.C.P #39,10/30)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
NO. 72
EMPIRE STATE DEV- NOTICE OF LEAD AGENCY AND PROJECT UPDATE - CANALSIDE
PROJECT ENTERTAINMENT AND CULTURAL COMPLEX (C.C.P #40,10/16)
Mr. Golombek now moves that the above item be Received and Filed.
ADOPTED
LEGISLATION
(DARIUS G. PRIDGEN, CHAIRMAN)
NO. 73
D. HALL, AGENT, USE 310 NORTH STREET TO REPLACE FACING OF EXISTING GROUND SIGN (ELL)(DPIS)
(ITEM NO. 48, C.C.P., APR. 30, 2013)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval subject to condition that the
applicant obtain site plan approval from the City Planning Board;
That pursuant to Section 387 -19 of the City Code, the Commissioner of Permits and Inspection Services be, and he hereby is authorized to issue a
license to D. Hall, Agent, to replace the facing of an existing ground sign and install a new wall sign /canopy to an existing mixed use building is
hereby approved subject to condition that the applicant obtain site plan approval from the City Planning Board.
PASSED W /COND
AYES -9 NOES -0
NO. 74
M. PETRILLO, OWNER, TO USE 1368 HERTEL TO CONVERT A BAKERY TO A RESTAURANT IN THE HERTEL AVENUE
SPECIAL DISTRICT (DEL)(DPIS)
(ITEM NO. 50, C.C.P., APR. 30, 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, pursuant to Section 511 -55 of the City of Buffalo Charter, the Common Council hereby approves the application of M. Petrillo, Owner of 1368
Hertel for a change of use from a bakery to a restaurant in the Hertel Avenue Special District is hereby
PASSED
AYES -9 NOES -0
NO. 75
M. DIMARTILE, OWNER, USE 1516 NIAGARA TO RE- ESTABLISH SIT -IN RESTAURANT IN THE NIAGARA
RIVER CANAL SPECIAL DISTRICT (NIA) (DPIS)
(ITEM NO. 51, C.C.P., APR. 30, 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 pursuant to Section 511 -68C and 511- 55H(1) of the City of Buffalo Code, the Common Council hereby approves the application of M.
DiMartile, Owner, of 1516 Niagara Street, to reestablish use of a restaurant in the Niagara River Canal District.
PASSED
AYES -9 NOES -0
NO. 76
REPORT OF SALE-217 FRENCH (FILL)(STRAT PLAN)
(C.C.P #7, 4130)
Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development
ADOPTED
NO. 77
REPORT OF SALE -220 FRENCH, 222 FRENCH (F111)(STRAT PLAN)
(C.C.P #8, 4/30)
Mr. Pridgen now moves that the above item is hereby referred to the Committee on Community Development
ADOPTED
NO. 78
FOOD STORE LICENSE (NEW) - 970 KENSINGTON (MASTEN)(DPIS)
(ITEM NO. 26, C.C.P., APR. 30, 2013)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council without recommendation
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 Ahmed Barman d /b /a Happy House Way Inc located at 970 Kensington is hereby approved
PASSED W /COND
AYES -9 NOES -0
NO. 79
FOOD STORE LICENSE (NEW) - 295 MAIN (FILL)(DPIS)
(ITEM NO. 27, C.C.P., APR. 30, 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 Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Carl Paladino d /b /a Ellicott Square Trading Company located at 295 Main is hereby approved
PASSED
AYES -9 NOES -0
NO. 80
REQUEST TO RENAME RIVERSIDE ACCESS ROAD
(ITEM NO. 89, C.C.P. APR. 30, 2013)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council without recommendation
That pursuant to City and Buffalo Charter and Code 286 -3(B), the City Clerk is hereby directed to prepare and submit to the Common Council for its
consideration a Notice of Intention to rename a public street. That notice of a public hearing be contained within the notice of intention pursuant to
City of Buffalo Charter and Code 286 -3(C) and be published pursuant to Section 48 of the Charter of the City of Buffalo; and
That the Common Council hereby requests that the City Clerk, upon approval of this resolution, forward certified copies of the resolution to the
United
APPROVE FINAL RESOLVES THE REMAINDER RECOMMITTED TO THE COMMITTEE ON LEGISLATION
NO. 81
ORDINANCE AMENDMENT - SECTION 309 -17 ANIMALS AND VEHMES RESTRICTED
TO CERTAIN AREAS
(ITEM NO. 94, C.C.P., APR. 30, 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 Code of the City of Buffalo, Section 309 -17 as it relates to the use of privately owned golf carts at Cazenovia Golf Course and the South
Park Golf Course be amended as specified in the attached Ordinance Amendment.
PASSED
AYES -9 NOES -0
NO. 82
FOOD STORE LICENSE (NEW) - 1096 KENSINGTON (MASTEN)(DPIS)
(ITEM NO. 74, C.C.P., APR. 30, 2013)
Mr. Pridgen moved:
That the above item be, and the same hereby is returned to the Common Council without recommendation
Mr. Pridgen moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 83
J. MANO- CONCERNS COMINGLING (C.C.P #48, 1 1/13)
Mr. Pridgen now moves that the above item be Received and Filed.
ADOPTED
NO. 84
NOTICE OF HEARING FOR VIOLATION OF CH 511 - 68.6- DOWNTOWN ENT REVIEW DISTRICT(EDPI)
(C.C.P #29,10/30)
Mr. Pridgen now moves that the above item be Received and Filed.
ADOPTED
NO. 85
FOOD STORE LICENSE (NEW) - 791 TONAWANDA (NORTH)(DPIS)
(ITEM NO. 36, 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 approval;
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 Hussein Ali d /b /a Akad Market located at 791 Kensington is hereby approved upon the following conditions:
Hours of operation: Sunday - Thursday store must close by 10:00 p.m.
• Hours of operation: Friday and Saturday store must close by 11:00 p.m.
• Store must have at 1 east two working security cameras - one inside of store and
one outside of store
• No hand painted signs
• No obstruction of windows
• No selling of 'loose" items - i.e. cigarettes, single diapers
• No selling of drug paraphernalia including 'one -hit' glass tubes, cigarette rolling
papers
• No selling of blunts
PASSED W /COND
AYES -9 NOES -0
RESOLUTIONS
NO. 86
BY MR. FONTANA AND MR. SMITH
BUFFALO EMPLOYMENT AND TRAINING CENTER
WIIEREAS, The Buffalo Employment and Training Center (BETC) serves as a monument for employment services and resources by connecting
workforce development organizations and partner agencies with the goals of providing and assisting qualified citizens of Buffalo and Erie County in
obtaining employment and linking employers; and
WHEREAS, Over the past years, Buffalo has held the distinction of being among the poorest large cities in the United States where poverty
contributes to high rates of adult illiteracy, homelessness, unemployment and dependency on limited government services. There are a variety of
agencies that provide services to assist citizens experiencing poverty that the Buffalo Employment and Training Center (BETC) could link with. The
Western New York Homeless Coalition is a host to over forty not for profit service provider agencies. These agencies engage citizens who are
impacted by poverty to assist them with concrete services; and
WHEREAS, The Buffalo Employment and Training Center (BETC) offers an array of services for the unemployed and under employed that would
potentially assist citizens experiencing poverty in obtaining employment and other needed services. By serving as an adjunct to agencies who work
with citizens affected by poverty, the Buffalo Employment and Training Center enhances the potential for stability; and
WHEREAS, The location of the Buffalo Employment and Training Center (BETC) is conveniently centralized in the City of Buffalo which allows for
access of citizens who are impacted by poverty to utilize its one -stop service environment and services; and
NOW, THEREFORE BE IT RESOLVED,
That the Buffalo Common Council requests that the Buffalo Employment and Training Center (BETC) collaborate with Western New York
Homeless Coalition by networking, attending at least one meeting per quarter and provide monthly communication regarding efforts and conduct two
collaborative events per year.
NOW, THEREFORE BE IT FINALLY RESOLVED,
That this resolution be forwarded to W. Brown, and the Western New York Homeless coalition and its membership agencies
ADOPTED
NO. 87
BY MR. FONTANA
ORDINANCE AMENDMENT
THE COMMON COUNCIL OF THE CITY OF BUFFALO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That §175.1 of Chapter 175 of the Code of the City of Buffalo be amended by amending subdivision §216 -5 to read as follows:
§ 216 -15, collection and disposal charges
Refuse material acceptable to the Commissioner of Public Works and Streets, as described in Chapter 216, generated in the City, disposed at City
disposal site
Owner occupant of residential unit in the City of Buffalo: no charge for first ton per gear per residential unit. ]Person residing in or doing business in
City (except licensed solid waste collectors or contractors): no charge for first ton per year.] For anything over one ton per year, the charge will be
$40.50 per ton, plus fuel adjustment charge as per City of Buffalo disposal contract
All others [Nonresidents of the City of Buffalo, or those not doing business in the City of Buffalo]: $40.50 per ton plus fuel adjustment charges as
per City of Buffalo disposal contract
Any County, Village, Town or City charges as follows:
Under contract with Modem Landfill: $1.50 per ton
Not under contract with Modem Landfill: as negotiated with Commissioner of Public Works and Streets
§2. This Ordinance Amendment shall take effect immediately upon being duly ratified pursuant to § 3 - 19 of the City Charter.
APPROVED AS TO FORM
TIMOTHY A. BALL
Underlined material is new. Material in brackets [ ] is repealed.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 88
ORDINANCE AMENDMENT
§ 103 -38 GENERAL METHOD OF DEMOLITION
The Common Council of the City of Buffalo does hereby ordains as follows:
Section 1. That paragraph ( 1 ) of subdivision A of section 103 -38 of the Code of the City of Buffalo be amended to read as follows:
(1) An asbestos survey, asbestos abatement letter, and an inspection report supplied by a
New York State licensed asbestos inspector, must be submitted as part of the application for a building demolition permit. An asbestos survey is
needed for the demolition of any building built before January 1, 1974, excluding agricultural. A licensed asbestos handler contractor shall perform
any and all asbestos abatement projects performed in the City of Buffalo. This contractor shall also be licensed by the City of Buffalo as a specialty
contractor. [The asbestos handler contractor shall obtain a building permit prior to the asbestos abatement work. The Commissioner of Permit and
Inspection Services or his designee shall inspect the completed asbestos abatement prior to any demolition or dismantling action taken by the
contractor.]
APPROVED AS TO FORM
TIMOTHY A. BALL
CORPORATION COUNSEL
Underlined material is new. Material in brackets[] is deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 89
BY NORTH DISTRICT COUNCILMEMBER JOSEPH GOLOMBEK, JR.
MOVE SCHOOL BOARD ELECTIONS TO NOVEMBER
Whereas In 1974, the Buffalo Board of Education held its first May elections in an effort to be independent and non - political, as well as to foster
more concentrated interest and focus for the citizens of Buffalo; and
Whereas In the most recent School Board election, held on May 7, 2013, approximately 6% of voters cast a ballot for their respective subdistrict
School Board election. In an era where school issues are as important as ever, it is not wise to hold and election in May in which 94% of the voting
population stay home; and
Whereas Almost 50% of property taxes collected in the City of Buffalo is sent to the Buffalo School District; and
Whereas A November School Board election would be more cost effective for the City of Buffalo and would insure greater voter participation in
School Board races; and
Whereas The Common Council has sponsored resolutions calling for the School Board elections to be held in November in 1995, 1997, 2001,
2004, 2005, 2007, 2009 and 2011 and has also sponsored home rule messages imploring the New York State Senate and Assembly to amend the
education law; and
Whereas Neighboring New York State cities Rochester and Syracuse hold their School Board elections in November; and
Whereas November School Board elections would facilitate wider public participation and would make candidates accountable to a larger voting
population; and
Whereas Holding Buffalo School Board election in November with other general elections would foster greater transparency, while making a larger
number of voters more aware of the candidates and their positions; and
Whereas Low voter turnout and the high expense associated with the May School Board elections only makes it all the more prudent to move these
elections to coincide with the November general elections; and
Whereas In recent years the Buffalo Board of Education's May elections have become more and more politicized; and
Whereas Critics contend that moving the elections to November would make the election process too political. The Teachers Union, a New York
City group and the Buffalo Niagara Partnership all backed candidates in the races and spent tens of thousands of dollars backing candidates, a
definite indication that May elections do not take the politics out of the races; and
Whereas It is readily apparent that the high expense and low voter turnout associated with the May School Board elections make it advisable to
move these elections to coincide with the November general elections; and
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo supports amending New York State education law to allow the Buffalo School Board elections to
coincide with the November general elections; and
Be it Further Resolved:
That the Common Council memorializes the New York State Legislature to amend the New York State education law to allow for members of the
Buffalo Board of Education to be elected at the November general election.
Be it Finally Resolved:
That the City Clerk send copies of this resolution to the Secretary of the New York State Senate, the Clerk of the Assembly, to members of the
Western New York delegation of the Senate and Assembly, to School Board Superintendent Pamela Brown and to the City of Buffalo Board of
Education for their comments.
ADOPTED
NO. 90
SPONSOR: MR. GOLOMBEK AND MR. FRANCZYK
RECYCLING WITHIN BUFFALO MUNICIPAL HOUSING AUTHORITY PROPERTIES.
Whereas: The Buffalo Municipal Housing Authority is a separate governmental agency within the City of Buffalo; and
Whereas: The Buffalo Municipal Housing Authority is the biggest landlord of properties within the City of Buffalo, where it manages 4,307 housing
units located in 27 developments throughout the city; and
Whereas: Over the years, the City of Buffalo has instituted a citywide recycling program to address environmental issues, while also using the
program to help minimize costs associated with sanitation disposal; and
Whereas: During the same time period, the Buffalo Municipal Housing Authority has not instituted a recycling program for their developments, which
has led to the disposal of approximately 500 tons of recyclable material into landfills each year; and
Whereas: The failure of the Buffalo Municipal Housing Authority to institute an authority -wide recycling program has also produced unnecessary
expenditures in regards to sanitation disposal each year; mad
Whereas: Many of the 10,000 residents of the Buffalo Municipal Housing Authority have asked the authority to create a recycling program, while
the authority has failed to take action on their request.
Now, Therefore, Be It Resolved:
The Common Council of the City of Buffalo calls upon the Buffalo Municipal Housing Authority to institute an authority -wide recycling program
tailored to need the needs of its residents.
Finally, Be It Resolved:
The Common Council of the City of Buffalo calls upon the Buffalo Municipal Housing Authority to institute the recycling program in order to help
promote protection of the environment, while making itself fiscally responsible to the taxpayers of the City of Buffalo.
ADOPTED
NO. 91
BY: MR. FRANCZYK
RE: THE 16TH ANNUAL ALLEN WEST FESTIVAL
Whereas The Allentown Association, Inc., has requested permission to conduct the 15 Annual Allen West Festival on the weekend of June 8 th and
9 th 2013; and
Whereas The purpose of the festival is to promote arts and crafts and support those talented individuals who create such work; and
Whereas The Allentown Association seeks to heighten public awareness of the fine arts and crafts and to heighten public awareness of all that the
Allentown District of the City of Buffalo has to offer; and
Whereas Each year the Allen West Festival attracts thousands of people to the City of Buffalo, including over two hundred talented artists and
craftspeople; and
Whereas The Special Events Advisory Committee, a committee established pursuant to Chapter 414 of the Charter & Code of the City of Buffalo:
will meet to consider the application of the Allentown Association to hold the 15 Annual Allen West Art Festival;
This Common Council hereby grants to the Allentown Association, Inc. permission to conduct the 15 Annual Allen West Art Festival subject to the
terms and conditions contained herein as well as any additional terms and conditions established by the Special Events Advisory Committee; and
Now Therefore Be It Resolved:
Be It Further Resolved:
Date and Time of Event. The event shall take place the weekend of June 8th and
9 th 2013, between the hours of 10:00 AM and 6:00 PM each day and the streets
will be closed to general traffic from 6:00 AM Until 8:00 PM; and
Be It Further Resolved:
Event Area. The event area shall be defined as follows: The area bounded by North Street and Symphony Circle on the north, Elmwood Avenue
(west side) on the east, Virginia Street on the south, and Orton Place and Cottage Streets on the west; and
Be It Further Resolved:
Event Participants. The following terms and conditions shall apply to the event area:
1. Art and Craft Exhibitors. Art and /or craft exhibitors shall be permitted at the following locations only: Allen Street between Elmwood Avenue and
Wadsworth (north and south sides); and Wadsworth between Allen Street and Symphony Circle (east and west sides).
2. Approval Process. Only art and craft exhibitors approved in accordance with the
Allentown Association's application and selection process will be permitted to participate
in the event area defined above, No more than 200 art and craft exhibitors will be
permitted. Exhibitors engaged in the exhibition or sale of so- called "pseudo" art and
commercial exhibitors not engaged in the exhibition or sale of arts and /or crafts shall not
be included in that total.
3. Food Concessionaires and Vendors. Only food concessionaires and vendors approved in
accordance with the Allentown Association's application and selection process will be
permitted to participate in the event within the area defined above. Such approved food
concessionaires and vendors shall be located in an area determined by the Allentown
Association in accordance with the recommendation of the Commissioner of Police or his
designee and the Commissioner of Fire or his designee. Food concessionaires and
vendors will not be permitted to operate outside of the event area.
4. Promotional Items. The Allentown Association, at its sole discretion, may select and
designate a single vendor employing a reasonable number of persons to vend balloons in
the event area. The Allentown Association may also select and designate a single vendor
to produce and sell Art Festival T- shirts, sweatshirts or similar merchandise. The
Allentown Association in accordance with the recommendation of the Commissioner of
Police or his designee and the Commissioner of Fire or his designee shall locate such
vendors.
5. Compliance with Existing Laws. Not Withstanding the above. Participants,
concessionaires, and vendors are required to comply with all applicable city, county, and
state licensing and health code requirements. Nothing herein is intended to limit the
lawful operation of sidewalk caf6s operating in accordance with Section 413 -59 of the
Charter & Code of the City of Buffalo; and
Be It Finally Resolved:
1. Remote Broadcasts. Radio and television broadcasts from remote broadcast units located outside of a building regularly occupied by a radio or
television station may be permitted within the event area at the discretion of the Allentown Association. No such remote broadcast or telecasts will be
permitted on the public streets or out -of -doors on adjacent private property without the permission of the Allentown Association. Promotional
activities other than those permitted by the Allentown Association are strictly prohibited. 2. Vendor and Exhibitor Identification. The Allentown
Association shall provide all
participants with suitable identification expressly indicating that each is an authorized participant in the event. Except as herein provided, there shall
be no other participants within the event area during the event whether on public streets or out -of -doors on adjacent private property, including, but
not limited to, exhibitors, concessionaires, vendors, and performers, individuals engaged in promotional activities, fundraising activities, displays of
goods or otherwise. Performances are prohibited within the festival
area.
Inflatable Devices. All temporary inflatable devices used to advertise or direct attention to a business, service, product and /or activity shall also be
excluded from the event area.
PASSED
AYES -9 NOES -0
NO. 92
BY MICHAEL J. LOCURTOO
APPOINT MARRIAGE OFFICER
Pursuant to Chapter 49 of the laws of New York (1988), which aglow a governing body the right to appoint one or more Marriage officers, who have
the authority to solemnize marriages, I am requestin the appointment of the following person whose appointment as a Marriage Officer shall
commence June 1 sc, 2013 and expire September 30 '2013.
Abraham Munson -Ellis
ADOPTED
NO. 93
SPONSOR: COUNCIL MEMBERS MICHAEL J. LOCURTO, DARIUS G. PRIDGEN AND DAVID A. FRANCZYK
PERMISSION TO HANG PRIDE FLAGS ON PORTIONS OF ELMWOOD AVENUE AND ALLEN ST
Whereas: Banners and Flags are indicative of the strong organizational presence in our neighborhood and provide a visual and aesthetic design
intended to display the cohesiveness of the community; and
Whereas: The Pride Center of Western New York, Inc. ( "PCWNY ") is an established 501(c)3 not - for - profit organization whose mission is to work
with the public to make Western New York a safe, healthy, and satisfying place for the LGBT population; and
Whereas: Each June, Western New York and the LGBT Community celebrate with festivities including the annual Pride Parade, concerts, and
outreach opportunities, and this celebration is marked by the installation of traditional rainbow pride flags along Elmwood Avenue and Allen St; and
Whereas: PCWNY is requesting permission to hang flags specifically located on Elmwood Avenue between West Delevan and West Chippewa and
also on Allen Street between Delaware Avenue and Main St; and
Whereas: The City of Buffalo Department of Public Works designed general guidelines for the placement of flags that include the necessary
information to fully comply with the requirements established. PCWNY has received a copy of these conditions provided by the above named
Council Member that gives a full understanding of the requirements to allow the placement of the requested flags.
Now, Therefore, Be It Resolved: That the requested banners, flags meet the requirements of all appropriate City Departments and that no existing
laws, rules, or regulations be violated, particularly those found in Charter and Code Sections 387 -15 or other pertinent sections thereof; and
Be It Further Resolved: That the Common Council of the City of Buffalo does hereby grant permission to the Pride Center of WNY to hang flags
located on portions of Elmwood Avenue and Allen St in ]Buffalo and that copies of this resolution be forwarded to the Department of Public Works,
the Arts Commission, and Special Events to ensure the requested conditions are met prior to the installation of the
request to hang the flags in the City of Buffalo.
PASSED
AYES -9 NOES -0
NO. 94
COUNCILMEMBER LOCURTO, COUNCILMEMBER RIVERA, AND COUNCILMEMBER FRANCZYK
PRIDE MONTH IN THE CITY OF BUFFALO
Whereas, Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Buffaloalians are commemorating their community's rich history of Courage,
spirit, achievement and activism by organizing the annual LGBT Pride Parade, Festival Dyke March and several new events, celebrating 2013 under
the theme of Fearless;" and
Whereas, the LGBTQ community has certainly demonstrated their fearlessness, perseverance, and courage, winning even more legislative battles
that included the passage of civil unions in Colorado and of marriage equality in Maryland and Delaware, joining nine other states, including New
York, Connecticut, Iowa, Maine, Massachusetts, New Hampshire, Rhode Island, Washington, and Vermont; and
Whereas, support for Buffalo and WNY's LGBTQ community continues to grow, with attendance to the Annual Pride Festival growing from 2,500 in
2011 to a record 15,000 in 2012. In addition to the traditional Pride Parade, Festival, Dyke March and Allen Street Festival, this year's celebration will
also feature new attractions, such as a Gay 5K run, a memorial LGBTQ Art Gallery, a beach celebration, and the 1 sc Annual Back Lot Bash, which
has typically been held in Chicago for the past 10 years; and
Whereas, The Pride Center of Western New York is proud to present the newly expanded Buffalo Pride Week, now in its 22 year, from May 28
through June 3 rd 2013 to celebrate these and many other accomplishments, as well as the diversity and strength of the local and national LGBTQ
community; and
Whereas, these celebrations would not be possible if not for the extraordinary work done every day by We Pride Center of Western New York, a
local not - for - profit that uses innovative programming, activism and support to make our community a safe and healthy place for LGBTQ individuals
to live, work, and establish a family; and
Whereas, in 2010; the Pride Center secured funding to become the organizers of Buffalo's annual pride festivities, successfully expanding the
celebration as well as the awareness of contributions made by LGBT Western New Yorkers every day; and
Whereas, LGBTQ individuals have made valuable contributions to our community in areas that include business and commerce, arts and culture,
the military, community volunteerism and leadership, religion, medicine, law, environmental protection, athletics, civil rights, and education, and they
continue to lead the larger community in addressing and remedying the many problems posed by issues such as the HIV /AIDS pandemic, bullying
and hate crimes, and discrimination; and
Now, Therefore, Be it Resolved That,
The City of Buffalo Common Council does hereby recognize the many civic contributions of the LGBTQ community in the City of Buffalo and of the
Pride Center of Western New York, and encourages all people to share in the pride of our City's diverse citizenry by participating in the Pride Flag
Raising on May 28 and, of course, the many events and celebrations through Pride Week and the month of June; and
Be it Further Resolved That,
June 2013, be and is herby proclaimed to be, "LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PRIDE
MONTH" in the City of Buffalo
ADOPTED
10 [61MI.1
BY COUNCIL MEMBER PRIDGEN
COUNCIL APPROVAL FOR NFTA BUS STOP CHANGES THAT EFFECT PARKING
Whereas: The City of Buffalo recognizes the valuable service that the NFTA provides to our
citizens and the City seeks to work in conjunction with the NFTA to continue to
provide quality transportation; and
Whereas: Route changes, including stop additions may become necessary over time based on
NFTA studies and rider demand; and
Whereas: Route changes may cause an adverse effect on parking, especially in residential
areas causing residents to park further away from their homes; and
Whereas: Currently, the only department within the City that is advised of such changes is the
Department of Traffic and Engineering and subsequently the Department of Parking
is informed due to the required enforcement of parking restrictions on bus routes;
and
Whereas: District Council Offices receive numerous complaints once the bus route and
parking changes take effect; thereby compelling staff to research and advocate for
constituents during parking hearings.
Now, Therefore, Be R Resolved:
That the City of Buffalo Common Council hereby calls for the Department of Law to
research whether an ordinance can be passed requiring Council approval of any
NFTA route and /or stop changes that effect parking in the City of Buffalo.
Be It Finally Resolved:
That a copy of this resolution be sent to the Departments Law, Traffic and
Engineering, and Parking, as well as the NFTA.
ADOPT RESOLVES REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 96
BY: MR. PRIDGEN
DISCHARGE LEGISLATION COMMITTEE
ITEM #6, C.C.P. APR. 30, 2013
"REPORT OF SALE -1769 BAILEY (LOV) (STRAT PLAN)"
Whereas The above item is currently in the Legislation Committee; and
Whereas It is no longer necessary for this item to be considered by that committee;
Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the Legislation Committee from further consideration of Item #6, C.C.P. Apr. 30, 2013 "Report of
Sale -1769 Bailey (Lov) (St -rat Plan)" and said item is now before the Common Council for its consideration.
MOTION TO ADOPT DISCHARGE MOTION TO APPROVE
PASSED
AYES -9 NOES -0
NO. 97
PEDESTRIAN SAFETY AT 190 RAMP, CHURCH STREET AND BINGHAM ST. AT ADAM'S MARK HOTEL
Whereas The Buffalo Common Council is committed to the safety of its citizens by being proactive in addressing any concerns regarding
infrastructural issues that may put people at risk; and
Whereas Pedestrians attempting to reach the Channel 7 News building and The Adam's Mark Hotel from the Bingham and Church Street parking
lot must navigate an unsafe median, and, in cases of snow and mud, are forced to walk in the street; and
Whereas High speed traffic exiting the 1 -190 creates an increased threat to pedestrian safety, particularly at peak traffic times of morning and
evening rush hours; and
Whereas The areas in question and the ramp are overseen by the New York State Department of Transportation; and
Whereas A study by the responsible parties could determine whether a sidewalk extension, a crosswalk or a number of traffic control devices could
be effectively utilized to makes this median more pedestrian friendly; and
Whereas: A failure to immediately address this concern has great potential for pedestrian injury or fatality;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo requests the New York State Department of Transportation to immediately assess and rectify the
aforementioned dangerous situation; and
Be it Finally Resolved:
That a copy of this resolution be sent to The New York State Department of Transportation, The Office of 144 District Assemblyman Sean Ryan,
Commissioner of Public Works Steven J. Stepniak, and the Department of Strategic Planning.
ADOPTED
NO. 98
SPONSOR COUNCIL MEMBER PRIDGEN
PUBLIC NOTICE OF DELINQUENT CITY OF BUFFALO ACCOUNTS
Whereas The City of Buffalo fights to remain fiscally conservative during a time of escalating costs and decreased funding streams; and
Whereas The City of Buffalo seeks to remain solvent under such demanding constraints of increased service requests with limited additional
revenue; and
Whereas Departments of the City of Buffalo issue summonses, fines and fees in accordance with the City Charter in order to ensure the safety of
the lives and property of citizens; and
Whereas: Recipients of said summonses, fines and fees are responsible for the debt they incur and should seek to satisfy substantial debts in a
responsible manner; and
Whereas: To date, the City of Buffalo currently has approximately $26 million in uncollected debt, including unpaid fines and fees thereby causing
the City to incur additional costs to seek payment.
Now, Therefore, Be It Resolved:
That the City of Buffalo Common Council hereby calls for the Department of Administration, Finance, Policy & Urban Affairs, along with the
Department of Law to examine whether a public notice of delinquent accounts can be established to inform the public of persons and entities that
have delinquent accounts with the City of Buffalo that are more than one year outstanding.
Be It Finally Resolved:
That a copy of this resolution be sent to the Department of Administration, Finance, Policy & Urban Affairs and the Department of Law.
ADOPT RESOLVE REFER THE REMAINDER TO THE COMMITTEE ON LEGISLATION
NO. 99
BY DARIUS G PRIDGEN AND ALL COUNCILMEMBERS
TRICO BUILDING MORATORIUM
WHEREAS, The Trico Product Building bounded by Ellicott, Goodell, Washington and Virginia streets, is the former home of the Trico Products
Corporation windshield wiper factory. Trico Products Corporation manufactured the first windshield wiper and employed thousands of City workers
at the site up until March 2004, when the factory was closed after 87 years; and
WHEREAS, Due to this history of the building it is important to give additional time for interested groups to do additional due diligence in order to
make a fair and appropriate decision; and
WHEREAS, It has been stated in the local media that the Buffalo Niagara Medical Campus would support giving Preservation Buffalo Niagara six
months to come up with a viable plan to preserve and reuse the Trico complex; and
NOW, THEREFORE BE IT RESOLVED,
That the City of Buffalo Common Council — a moratorium on the demolition of the Trico Products Building until December 31, 2013 for further
feasibility studies on behalf of interested parties; and
BE IT FURTHER RESOLVED,
That the Department of Inspections and Permit Services not issue any demolitions permits for the said structure during that period; and
BE IT FINALLY RESOLVED,
That certified copies of this resolution be immediately forwarded to the Department of Public Works, Department of Inspections and Permit
Services, Preservation Board, Mayor's Office, City Comptroller, Corporation Counsel, Buffalo Niagara Medical Campus, Preservation Buffalo
Niagara.
PASSED
AYES -9 NOES -0
NO. 100
SPONSORS: DARIUS PRIDGEN & DEMONE SMITH
WAIVE PARK RENTAL AND EVENT FEES FOR VARIOUS EVENTS
Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that to
be charged with respect to licenses, permits and activities required or regulated under the provisions of various chapters of the code; and
Whereas: The G.I.R.L.S Sports Foundation, Inc. /NICYO will host a Female Basketball Slam
Jam coupled with motivational speaking, Chinese Auction, prizes and giveaways; and
This event will be held on consecutive Saturday dates of July 13, 20 and 27 at Masten Park; and
The Randy Smith Basketball League, an annual Summer Basketball League for young men and women ages 7 -18 which is held from July 8 th to
August 16 h ; and
Now, therefore be it resolved:
That the Common Council of the City of Buffalo waives the Park Rental and Event Fees for the above listed events,
Be it further resolved:
That the City Clerk forward a copy of this resolution to the Commissioner of the Department of
PASSED
AYES -9 NOES -0
NO. 101
BY: ELLICOTT DISTRICT COUNCIL MEMBER DARIUS G. PRIDGEN
RE: WAIVE PERMIT FEE FOR THE CHILDREN'S PARADE
Whereas: The El Shaddai Church is utilizing City Hall, from Niagara Square to Maryland Street to
promote the local West Side Christian Children's Parade; and
Whereas: Beginning 12N -2 PM on Saturday, August 31, 2013, the Children's Parade is free and
open to the general public; and
Whereas: Hot dogs, hamburgers, sandwiches, pop, and water will be served under the tent at
Tops, located at 425 Niagara Street; and
Whereas: In the event of rain, it will be held at the El Shaddai Church, 27 Bremen Street.
Now, Therefore, Be It Resolved:
That the Common Council commends El Shaddai in their effort to promote the
Children's Parade involving 14 local West Side area churches; and approves waiving the'
permit fees associated with this event; and
Be It Finally Resolved:
That copies of this resolution be sent to the Department of Permit & Inspection Services
and the Department of Public Works.
PASSED
AYES -9 NOES -0
NO. 102
BY: MR. SCANLON
TRANSFER OF FUNDS COMMON COUNCIL
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:
10102001 - 412002 Hourly
$3643.50
10110004 - 458002 Meals and Lodging Councilmember Franczyk
$1,361.50
10110004 - 458003 Registration Fees Councilmember Franczyk
$ 50.00
To:
10220006 - 434000 Other Contractual Services
$5,600.00
PASSED
AYES -9 NOES -0
NO. 103
SPONSORS: CHRISTOPHER P. SCANLON
WAIVE PARK RENTAL AND EVENT FEES FOR SOUTH BUFFALO FOOTBALL CARNIVAL
WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits,
and activities required or regulated under the provisions of various chapters of the Code; and
WHEREAS, The South Buffalo Football Association provides hundreds of children in the city of Buffalo the opportunity to play little league football at
an affordable price; and
WHEREAS, Every year, they hold an annual carnival at Cazenovia Park to offset the costs of the sport, alleviating financial pressure from families
who have children in South Buffalo Football; and
WHEREAS, The South Buffalo Football Carnival will be held Friday May 24 Monday May 27 2013; and
NOW, THEREFORE, BE IT RESOLVED,
That the Common Council of the City of Buffalo respectfully requests that the Department of Permits & Inspections, Department of Public Works,
Department of Law and all other involved City Departments waive the City Olmsted Park fee and event fees for the South Buffalo Football Carnival;
and
BE IT FURTHER RESOLVED,
That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Pemits & Inspections, Public Works, and Law.
PASSED
AYES -9 NOES -0
NO. 104
BY: COUNCILMEMBER SMITH
HOME RULE REQUEST TO PASS ASSEMBLY BILL A 3702 -A ENTITLED "AN ACT TO AMEND THE
VEHICLE AND TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC
VIOLATIONS ".
WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic
infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and
WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it
RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows:
To the Legislature:
Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill No 3702 -A, entitled:
"AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions"
It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows:
The local government does not have the power to enact such legislation by local law.
Explanation
New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic
infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic
school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay
higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas.
And be it further
RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Assembly, the New York State
Senate, and the local delegation to the New York State Legislature,
ADOPTED
NO. 105
BY: COUNCILMEMBER SMITH
HOME RULE REQUEST TO PASS SENATE BILL S 870 -A ENTITLED "AN ACT TO AMEND THE VEHICLE AND
TRAFFIC LAW IN RELATION TO DIRECTING THE CITY OF BUFFALO TO ADJUDICATE TRAFFIC VIOLATIONS ".
WHEREAS, there is now pending in the New York State Legislature legislation that would authorize the City of Buffalo to adjudicate traffic
infractions, and further authorizing the City of Buffalo to enact local laws to accomplish that purpose; and
WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it
RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows:
To the Legislature:
Pursuant to Article IX of the ,Constitution, City of Buffalo requests the enactment of
Senate Bill No 870 -A, entitled:
"AN ACT to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions"
It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows:
The local government does not have the power to enact such legislation by local law.
Explanation
New York State currently holds all hearings in Buffalo without the option of a plea bargain. This bill will allow the City of Buffalo to adjudicate traffic
infractions and allow traffic violators an option of a plea bargain, which could lead to traffic school. The violator could be allowed to attend traffic
school and improve driver safety, and would not receive driver license points which raise individual insurance rates. City of Buffalo residents pay
higher insurance rates and the present system causes rates to increase without any of the options that are offered in surrounding areas.
And be it further
RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State
Assembly, and the local delegation to the New York State Legislature.
ADOPTED
NO. 106
BY COUNCILMEMBER SMITH
HOME RULE REQUEST TO PASS ASSEMBLY BILL A 5897, "AN ACT TO AMEND THE LOCAL FINANCE LAW
IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO ".
WHEREAS, there is now pending in the New York State Legislature legislation that would extend the authority of the City of Buffalo to sell its bonds
and notes at private sale; and
WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it
RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows:
To the Legislature:
Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Assembly Bill 5897, entitled:
"AN ACT to amend the local finance law, in relation to the sale of bonds and notes of the city of Buffalo"
It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows:
The local government does not have the power to enact such legislation by local law.
Explanation
The bill extends the authority of the city of Buffalo to sell its bonds and notes by private sale. And be it further
RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State
Assembly, and the local delegation to the New York State Legislature.
ADOPTED
BY COUNCILMEMBER SMITH
HOME RULE REQUEST TO PASS SENATE BILL S 4244 "AN ACT TO AMEND THE LOCAL
FINANCE LAW IN RELATION TO THE SALE OF BONDS AND NOTES OF THE CITY OF BUFFALO ".
WHEREAS, there is now pending in the New York State Legislature legislation that would extend the authority of the City of Buffalo to sell its bonds
and notes at private sale; and
WHEREAS, it is in the interest of the City of Buffalo that such legislation be enacted; now therefore be it
RESOLVED, that the City Clerk send a Home Rule Request be sent to the New York State Legislature, as follows:
To the Legislature:
Pursuant to Article IX of the Constitution, City of Buffalo requests the enactment of Senate Bill No 4244, entitled:
"AN ACT to amend the local finance law, in relation to the sale of bonds and notes of the city of Buffalo"
It is hereby stated that a necessity exists for the enactment of such legislation, and that the facts establishing such necessity are as follows:
The local government does not have the power to enact such legislation by local law.
Explanation
The bill extends the authority of the city of Buffalo to sell its bonds and notes by private sale. And be it further
RESOLVED, that the City Clerk send copies of this resolution to the Home Rule Counsel of the New York State Senate, the New York State
Assembly, and the local delegation to the New. York State Legislature.
ADOPTED
NO. 108
BY: MR. D. SMITH
TRAILBLAZING SIGN REQUEST FOR VERA MELODY FOSTER
Whereas: Trailblazing signs, otherwise known as honorary street names, are generally assigned to honor and commemorate persons associated
with the City of Buffalo; and
Whereas: Vera Medley Foster was born in Helena, Ark. After the death of her parents at an early age, she went to live with her aunt and
grandparents; and
Whereas: In her teen years, she moved to Evanston to live with her uncle and attended Evanston Township
High for a short time before returning to Helena, Ark. And later graduating from Eliza Miller High School; and
Whereas: At age 21, she married Bernard (deceased) and moved to St. Louis, Missouri to work in the restaurant industry. She would later own a
restaurant with her husband Bernard, called the "B &V Sandwich Shop "; and
Whereas: 10 years later, she left St. Louis to visit her aunt and later met and married her second husband,
Clinton Foster, and raised 3 children; and
Whereas: At this time, she began her career as a licensed beautician, owning a salon for many years; and
Whereas: She would also serve as President of the Noah Fillmore Businessmen's Association, Director of the Second Temple Missionary Baptist
Church's food pantry, P.S. #23 Remedial Reading Volunteer, Member - Delavan - Grider Concerned Citizens, and for many years, a Democratic
Committee Person; and
Now, therefore be it resolved:
That the Common Council of the City of Buffalo hereby approves the installation of a trailblazing sign at the comers of "Northland and Jefferson
Avenue" and proclaiming the area of Northland between Jefferson and Humboldt Pkwy "Vera Medley Foster Way ".
Be it finally resolved:
That the Department of Public Works is direct to erect these signs to this effect, once all fees associated with the posting of a Trailblazing Sign
have been satisfied.
ADOPTED
NO. 109
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following person(s) are hereby appointed as Commissioner of Deeds for the term ending December 31, 2014, conditional upon the persons
so appointed certifying under oath to their qualifications and filing same with the City of Buffalo.
Isabell Berger
Total: 1
ADOPTED
NO. 110
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER 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:
Marisa Bartolotta
Rebecca Brooks
Shiana Denise Eve
Charles H, Fisher III
Dorothy U, Furtney
Christopher R. Giza
Angela Gugino
Paul Henderson
George A, Hinterbichler
Kevin J. Hosey
Charles D, Johnson
Kevin Kirwan
Benjamin Matta
Kristy Lynn Mazurek
William A, Pauly
Ellen Przepasniak
Lisa Santora
Martin J, Sawma
Jeff Sheridan
Kelly Snekser
Julie E, Szymanski
Julie Ulicki
Catherine C. Walsh
Cristina Wasinger
Jessica Wellings
Erich S. Weyant
Ta'Ria A. Wideman
Andrew Woods
TOTAL: 28
ADOPTED
NO. 111
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, May 21, 2013 at 9:45 o'clock A.M.
Committee on Finance Tuesday, May 21, 2013 at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, May 21, 2013 at 1:00 o'clock P.M
Committee on Legislation Tuesday, May 21, 2013 at 2:00 o'clock P.M.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council Committees. In the event that there
is sufficient time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is not made
aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what we are made aware.
NO. 112
ADJOURNMENT
On a motion by Mr. Smith, Seconded by Mrs Russell the Council adjourned at 2:55 PM
GERALD CHWAL1 NSKI
CITY CLERK