HomeMy WebLinkAbout14-0902NO. 16
PROCEEDINGS
OF THE
CITY OF BUFFALO
SEPTEMBER 2, 2014
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Mark J. F. Schroeder
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
ELLICOTT DISTRICT
DARIUS G. PRIDGEN
PRESIDENT PRO TEMPORE
NIAGARA DISTRICT
DAVID A. RIVERA
MAJORITY LEADER
MASTEN DISTRICT
DEMONE A. SMITH
DISTRICT COUNCIL MEMBERS
RICHARD A. FONTANA - LOVEJOY
DAVID A FRANCZYK - FILLMORE
JOSEPH GOLOMBEK JR. — NORTH
MICHAEL J. LO CURTO — DELAWARE
RASHEED N.C. WYATT- UNIVERSITY
CHRISTOPHER P. SCANLON -SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Rasheed N.C. Wyatt - Chairman, Richard A. Fontana, David A. Rivera, Demone A. Smith- Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Joseph Golombek, Jr., Michael J. LoCurto, Rasheed N.C. Wyatt - Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr., Michael J. LoCurto, David A. Rivera, -, Christopher P. Scanlon, Rasheed
N.C. Wyatt - Members
FINANCE COMMITTEE: Richard A. Fontana, Chairman, Michael J. LoCurto, David A. Rivera, , Demone A. Smith, Rasheed N.C. Wyatt -
Members.
LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, David A. Franczyk, Joseph Golombek, Jr., David A. Rivera,
Demone A. Smith, - Members.
RULES COMMITTEE: Darius G. Pridgen, Chairman, David A. Rivera, Demone A. Smith - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Demone A. Smith, Chairman, Joseph Golombek, Jr., David A. Rivera, Christopher P. Scanlon, - Members
EDUCATION COMMITTEE: Demone Smith, Chairman, Joseph Golombek, Jr., , Christopher P. Scanlon, Rasheed N.C. Wyatt- Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Joseph Golombek Jr., David A. Rivera, Rasheed N.C. Wyatt —
Members
POLICE OVERSIGHT: Joseph Golombek, Jr., Chairman, David A Franczyk, David A. Rivera, Christopher P. Scanlon — Members
PUBLIC TRANSPORTATION: Chairman, Christopher P. Scanlon, David A. Franczyk, Michael J. LoCurto, David A. Rivera, - Members
WATERFRONT DEVELOPMENT COMMITTEE: Chairman, Christopher P. Scanlon, David A. Franczyk, Joseph Golombek, Jr., Demone A.
Smith- Members
INVOCATION PLEDGE TO FLAG DATE Sept. 2, 2014
FINAL
MAYOR
MAYOR - EXECUTIVE
1684-
1.
Cit Serv- Submission of Monthly Report -July 2014
R &F
1685-
2.
Plan Bd -SEQR- Negative Declaration -149 Budmil Dr(Fill)
ADOPT
1686-
3.
Plan Bd -SEQR- Positive Declaration -3 Gates Circle(Ell)
ADOPT
1687-
4.
Plan Bd -SEQR Negative Declaration -1685 Hertel Ave(Del)
ADOPT
1688-
5.
Plan Bd -SEQR- Negative Declaration - 226,228,232,236,238 High St(Ell)
ADOPT
1689-
6.
Plan Bd -SEQR- Negative Declaration -79 Jewett Ave(Mas)
ADOPT
1690-
7.
Strat Plan- Abandonment & Sale Portion of Jefferson Ave ROW to Seneca Hamburg(Fill)CD,CPBD
30.
1691-
8.
Strat Plan- Permission to Designate Developer- Former School 63 -91 Lisbon(Univ)
APP
1692-
9.
Strat Plan- Report of Sale -722 W. Delavan(Del)
CD
1693-
10.
Strat Plan- Report of Sale -77 Gelston St.(Nia)
APP
1694-
11.
Strat Plan- Report of Sale -1532 Genesee(Fill)
CD
1695-
12.
Strat Plan- Report of Sale -184 Gibson(Fill)
APP
1696-
13.
Strat Plan- Report of Sale -19 Helen(Nia)
APP
1697-
14.
Strat Plan- Report of Sale -91 Louisiana(Fill)
CD
1698-
15.
Strat Plan- Report of Sale -31 Military(North)
APP
1699-
16.
Strat Plan- Report of Sale -1249 Niagara(Nia)
APP
1700-
17.
Strat Plan- Report of Sale -468 Rhode Island(Nia)
APP
1701-
18.
Strat Plan- Report of Sale -369 E. Utica
CD
1702-
19.
Strat Plan- Appoint Director of Planning(Exempt)(Marrero)
CS
COMPTROLLER
1703-
19A. Certificate of Necessity -Fire
R &F
1704-
20. Comptroller's Estimate & Report -2015 Capital Improvements
BUDGET
1705-
21. Interfund Loans 2014 Capital Budget
APP
COUNCIL PRESIDENT
APP
1706-
22. Request Amendment Chapter 399 -3 in Regarding E- Cigarettes
LEG,CC
1707-
23. Request Sewer Administration Address Concerns for Sewer System on Bird Ave
R &F
ASSESSMENT
1708-
24.
Appoint Assistant to Assessor(Prov)(Fourth Step)(Caufield)
CS
PUBLIC
WORKS
1709-
25.
Change in Contract - Historical Society Electrical(Del)
APP
1710-
26.
Change in Contract Marcy Casino New Elevator and Structural Deck Reconst
APP
1711-
27.
Encroachment Over City ROW -128 Genesee
CD
1712-
28.
Permission to Engage in Agmt for Recycling Education and Marketing Campaign Services
1713-
29.
Permission to Hire for Broderick Park Ph III - Planning Historic Signage and Displays
Agmt - APP
1714-
30.
Permission to Hire Consultant -Auto Impound Select Demolition
APP
1715
31.
Permission to Hire Consultant -Coca Cola Field Rehab(Amended)
FIN
1716-
32.
Permission to Hire Consultant -MEK Casino(Mas)
APP
1717-
33.
Permission to Hire Consultant- Niagara Branch Library- Elevator Upgrades(Nia)
APP
1718-
34.
Permission to Purchase Dump Truck Bodies for Streets
APP
1719-
35.
Permission to Purchase Graffiti Truck
APP
1720-
36.
Permission to Purchase Tire Truck
APP
1721-
37.
Request Permission to Accept Donation from Mollyworld Inc for Imp to Hatch
APP
1722-
38.
Request Authorization for Use of Funds from DASNY to Bflo Olmsted - Renovations MLK_APP
1723-
39.
Report of Bids - Citywide Crackfilling 2014
APP
1724-
40.
Report of Bids - Engine 3 HVAC Upgrades(Correction)(Fill)
APP
1725-
41.
Report of Bids and Permission to Hire- Construction of Women's & Holding Area
City Court Basement
APP
1726-
42.
Report of Bids - Kensigton Ave Resurfacing & Rehab Eggert to Bailey(Univ)
APP
1727-
43.
Report of Bids - Kleinhans Music Hall Accessibility & Safety Improvements(Nia)
APP
1728-
43A. Report of Bids -MLK Jr. Park Humboldt Basin Wtr Line & Concrete Rehab
APP
1729-
44.
Report of Bids - Streetlight Replacement - Citywide
APP
1730-
45.
Report of Bids -Viola Park Island Curb Replacement & Widening
APP
1731-
45A. Report of Emergency Bid Filtration Bldg -S. Filter Gallery Roof Replacement
APP
POLICE
1732-
46.
Drug Asset Forfeiture Wire Transfers
R &F
1733-
46A. Update from City Hall Security Committee
FIN
1734-
47.
Appoint Police Captains(Perm)(Lark, Mullen)
CS
1735-
48.
Appoint Police Lieutenant(Perm)(Manley)
CS
1736-
49.
Appoint Police Lieutenants(Cont Perm)(Maraschiello, Walker, Zipp, Williams, English)
1737-
50.
Appoint Detectives(Perm)(Stephany, Nunan, White, Maolla, Plezka)
CS
1738-
51.
Appoint Detective(Temp)(Harris)
CS
1739-
52.
Appoint Police Officers(Perm)(Tripp, McDaniels, Williams, Tirado, Reeves Jr, Moffett,
Oreflce, Beyers, Hunter, Ganley, Threats, Garland, Perillo, Stutz, Crespo, McCabe,
Rice, Godios, Taylor, Torgalski
CS
CORPORATION COUNSEL
1740-
53.
Approval to Extend Contract with EZ TAG Corp for Electronic Ticket Writer Sys
APP
PERMITS AND INSPECTIONS
1741- 54. Food Store License(New) -825 Broadway(Fill) LEG
1742- 55. Food Store License(New) -595 Ontario(North) DENY
1743- 56. Food Store License(New) -955 Tonawanda(North) APP W/ COND
ADMINISTRATION AND FINANCE
1744- 56A. Permission to Auction/Scrap APP
COMMUNITY SERVICES
1745- 57. Acceptance of Donation from Russell Salvatore $10,000.00
HUMAN RESOURCES
EVIN
1746- 58. Extension to Contract - Inquires Inc -Entry Police Candidates Background Check CS
1747- 59. Contract Approval FF Psych Exam CS
ZONING BOARD
1748- 60. Use Variance Findings & Decision -492 Rhode Island.
R &F
CITY CLERK
1749- 60A Mayor Reported Out of State R &F
1750- 61. Items returned by Mayor without Approval/Disapproval Meeting 07/22/2014 R &F
1751- 62. Items returned by Mayor without Approval/Disapproval Special Session 07/29/2014 R &F
1752-
63.
Application for Restricted Use Permit -69 W. Chippewa(08 /21/2014)(Ell)
R &F
1753-
64.
Application for Restricted Use Permit -69 W. Chippewa(08 /28/2014)(Ell)
R &F
1754-
65.
Board of Ethics Meeting Minutes June 2014
R &F
1755-
66.
Liquor License Applications
R &F
1756-
67.
Leaves of Absence
R &F
1757-
68.
Reports of Attendance
R &F
1758-
69.
Appoint Assistant Legislative Aide II(Casillas)
ADOPT
1759-
70.
Notices of Appointments - Council Interns
ADOPT
1760-
71.
Notices of Appointment - Seasonal
R &F
1761-
72.
Notices of Appointments- Temp/Prov/Perm
CS
MISCELLANEOUS
82.
1762-
73.
Bflo Env Mngt Comm - Proposed Meetings Re Coke Related Air Pollution
CD
1763-
74.
Bflo Wtr Bd Report -July 2014
R &F
1764-
75.
G. Mele- Concerns Curb Cuts and Driveways
R &F,PW
1765-
76.
LP Ciminelli -Board Packet Documents - August 2014
R &F
1766-
77.
K. Handera - Appeal Preservation Bd Decision -LA Fitness -69 Delaware(Ell)LEG
NYSDEC - Brownfield Site Contamination 129 Holden St
1767-
78.
M. Herbold- Concerns Peace Bridge Authority
CD
1768-
79.
S. Hoyt- Comment Concerning NYSDOT Gateway Project
CD
1769-
80.
C. Franklin- Issues Concerning Education in Buffalo
ED
1770-
81.
C. Franklin- Concerns Education System in Buffalo
ED
1771-
82.
N. Hare - Information and Goals Re Education Forum
ED
1772-
83.
F. Redd Jr -A Vision for Bflo Public Education Funding Stipulation for BPS
ED
1773-
84.
D. Smith -BTF Charter School Study
ED
1774-
85.
J. Nill- Request User Fee Payments be Applied to Account PW,A &F,CIT SERV
1775-
86.
NYSDEC - Brownfield Cleanup Program -193 Ship Canal Parkway(South)
R &F
1776-
87.
NYSDEC - Brownfield Site Contamination 129 Holden St
R &F
1777-
88.
R. Shatz - Determination of No Significant Effect on Env -24 Rhode Island(Nia)
CD
1778-
89.
SEQR- Positive Declaration -3 Gates Circle(Ell)
CD
1779-
90.
D. Smith -D. Ingalls- Results Painkillers Kill Public Awareness Campaign
CD
PETITIONS
1780
91.
E. Vogan, Agent, Use 1341 Kensington -New Owner for an Eating & Drinking
Establishment in the Kensington/Bailey Business District(hrg 9 /9)(Univ)
LEG,CPBD
1781-
92.
A. Sumlin, Owner, Use 976 Elmwood for a Sit in Restaurant With an
Outdoor Cafe(hrg 9 /9)(Del)
LEG,CPBD
1782-
93.
M. Le, Owner, Use 520 Elmwood to Open an Existing Restaurant in the Elmwood Ave
Special Zoning District(Nia)(hrg 09/09)
LEG,CPBD
1783-
94.
B. Straszak, Agent, Use 447 Main for a Freestanding Sign(no hrg)(Ell)
LEG,CPBD
1784-
95.
D. Boergers, Agent, Use 25 Depot to Erect a V- Shaped Ground Sign
(Fill)(no hrg)
LEG,CPBD
1785-
96.
R. NC Wyatt -V. Johnson & Others - Against McCarthy Park Practice Field Quality of
Life
RESOLUTIONS
1808-
96A. Fontana Increased Appropriation -Fire
LEG
1809-
97.
Fontana Ordinance Amendment -Ch 175- Residential User Fees
LEG
1810-
98.
Franczyk Set Public Hearing- Abandonment and Sale - Portion of Jefferson to
Seneca Hamburg
ADOPT
1811- 99. Franczyk
1812-
100.
Franczyk
1813-
101.
Golombek
1814-
102.
Golombek
1815-
103.
LoCurto
1816-
104.
LoCurto
1817-
105.
LoCurto
1818-
105A. Pridgen,etc
1819- 106. Scanlon
1820- 107. Scanlon
1821- 107A. Smith
1822-
107B. Smith
1823-
107C. Smith
1824-
108. Wyatt
1825-
109. Wyatt
1826-
110. Wyatt
TABLE ITEMS
Approval of Abandonment and Sale Portion of Jefferson to Seneca
Hamburg(Fill)(hrg 09/16)
CD
Revoke Oasas Methadone Clinic Approval ADOPT,OASAS
Waive Event Fees - Moonlight Paddle Event -Hoyt Lake
APP
Waive Special Event Fee - Seneca Nation Bflo Resource Center Event
APP
Waive Permit Fees for Bflo Seminary Back to School Picnic
APP
Waive Permit Fees - Elmwood Kiwanis Annual Fishing Derby
APP
Waive Permit Fees for Parkside Oktoberfest 5 K
APP
Prohibit Mobile Service Providers from Providing Service on Mobile
Devices That Have Been Reported Stolen
ADOPT
Waive Event Fees -Meals on Wheels for WNY
APP
Waive Park Rental and Event Fees - Woodside Community Church
Picnic and Caz Park Hockey Pee Wee Kids Triathlon
APP
Waive Park Rental and All Special Events Fees Associated with the
2014 High Reunion
APP
Waive Park Special Event Fees for Kids Days
APP
Waive Park Rental Fees for UYFL Kick -Off Picnic
APP
Waive Bandshell Permit Fees - Ken -Lang Day
APP
Comm of Deeds -Public Duties
ADOPT
Comm of Deeds
ADOPT
- - - -- Review of 2006 Police Incident(CCP# 2, SS 07/08/2014)
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
1786- 1. 14 -1541 Com July 22
1787- 2. 14 -1542 Com July 22
1788-
3.
14 -1543 Com July 22
1789-
4.
14 -1569 Com July 22
1790-
5.
14 -1570 Com July 22
1791-
6.
14 -1571 Com July 22
1792
7.
14 -1574 Com July 22
1793-
8.
14 -1591 Com July 22
FW
ANCF
Appoint Assistant to Assessor(Perm)(3 d Step)
(Caulfield)(Asses) APP
Appoint Associate Tax Clerk(Temp)(3 d Step)(Wolniewicz)
(Asses) APP
Appoint Computer Operator(Perm)(5 Step)(Edwards)(MIS) APP
Appoint Accountant (Prov)(Max)(Belton)(PW) APP
Appoint Assistant Engineer (Perm)(Inter)(Pecoraro)(PW) APP
Appoint Water Service Worker(Temp)(Inter)(Sobocinski) APP
Appoint Deputy Police Commissioner(Exempt)(Beaty) APP
Notices of Appointments- Temp /Prov /Perm(Cty Clk) R &F
1794- 9. 14 -1536 Com July 22 Expiration of Agmt Btwn COB and BURA for HUD Funds(Compt) R &F
1795- 10. 14 -1520 Res July 8 Ordinance Amendment -Ch 175 Enumeration of Fees -
Parks & Open Spaces(Scanlon) R &F
LEGISLATION
1796- 11. 14 -1581 Com July 22 Used Car Dealer 1353 E. Delavan(Lov)(EDPI)
APP /COND
1797- 12. 14 -1613 No July 22
K. Scritchfield, Agent, Use 41 Columbia to Erect a Billboard on a Pole
Sign(hrg 7 /29)(Fill)
APP /COND
1798- 13. 14 -1615 No July 22
C. Anderson, Owner, Use 1096 Elmwood to Open an Existing Rest and
Alterations to the Facade in the Elmwood Ave Special Zoning
District(hrg 7/29)(Del)
APP /COND
1799- 14. 14 -1616 No July 22
A. Ali, Owner, Use 1000 Elmwood for Conversion of a Bank to a Retail Store
With Takeout in the Elmwood Ave Business District
(hrg 7/29)(Del)
RECOMMIT
1800- 15. 14 -1617 No July 22
M. Robbins, Agent, Use 905 Delaware for a Free Standing Sign
(no hrg)(Ell)
R &F
1801- 16. 14 -1618 No July 22
M. Robbins, Agent, Use 916 Delaware for a Free Standing Sign
(no hrg)(Ell)
R &F
1802- 17. 14 -1410 Res June 24
Prevent Hub Methadone Clinic on Virginia St(exc 1s'& 2nd Res)
(Franczyk)
R &F
1803- 18. 13 -4 Com Sept 3
SEQR- Proposed Installation of Comm Tower -
523 &535 Northampton(Ell)(Strat Plan)
R &F
1804- 19. 13 -89 No Sept 3
P. Lytle- Supplement to Applications by T- Mobile for Installation of
Communication Tower located at 523 and 535 Northampton( 477,7/23)
R &F
1805- 20. 13 -93 No Sept 3
Phillips Lytle, LLP- Application by T Mobile For Install of
Communications Tower -523 & 535 Northampton St(Ell)( 459,5/14)
R &F
1806- 21. 13 -61 No May 14 A. Walters, Agent, Use 535 Northampton to Erect a 90' Monopole Cell
Tower(Ell)(hrg 5/21)
R &F
1807- 22. 13 -42 Com July 9
Flea Market 145 Buffalo River(South)(EDPI)
APP
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY SEPTEMBER 2, 2014
AT 2:00 P.M.
Present — Darius G. Pridgen, President of the Council, and Councilmembers: Fontana, Franczyk, Golombek, LoCurto, Rivera, Scanlon, Smith, Wyatt— 9
Absent - -None 0
On a motion by Mr. Smith, Seconded by Mr. Rivera, the minutes of the stated meeting held on July 22, 2014 were approved
FROM THE MAYOR —
FROM THE MAYOR EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
NO. 1684
SUBMISSION OF MONTHLY REPORT FOR JULY 2014
The Office of the 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 July 2014, 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 CITY PLANNING BOARD
NO. 1685
SEQRA NOTICE OF DETERMINATION
NON SIGNIFICANCE
NEGATIVE DECLARATION
149 BUDMIL DR
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of
the Environmental Conservation Law.
Lead Agency City of Buffalo Planning Board
Room 901, city Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title Access Drive & Parking Lot
Location 149 Budmil Dr
Type of Action: Unlisted- Uncoordinated
Description: C &S Companies on behalf of Goodnature Products is proposing the construction of a parking area and access driveways located at
149 Budmil Drive, Buffalo New York. Goodnature Products intends to remove and replace deteriorated asphalt parking on the south side of their
existing building and construct a new access drive to an at -grade loading area on the north side of the building. The access drive is located to permit
future expansion of the facility in stages. No new building is proposed at this time. The project is following the requirements of the buffalo sewer
authority by incorporating on site storm water detention within oversized storm sewers before controlled discharge to the city combined sewer
system.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect
on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft
Environmental impact Statement will not be prepared.
Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short -term site preparation and
construction related activities, and do not appear to be significant in magnitude or effect. This project will allow Goodnatura Products to continue to
grow and provide much needed employment to the surrounding community, There are no actions related this project that will have a significant
adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and
Buffalo New York 14202 - 716 851 -5885
ADOPTED
NO. 1686
RE: SEQRA POSITIVE DECLARATION FOR THE PROPOSED GATES CIRCLE REDEVELOPMENT
To All Interested and Involved Agencies:
Pursuant to the New York State Environmental Quality Review Act ( "SEQRA'), I am enclosing the City Of Buffalo Planning Board's Positive
Declaration for the proposed Gates Circle Redevelopment.
If you have any questions or concerns regarding the Positive Declaration or the Project, please do not hesitate to contact me at the City of Buffalo
Planning Department at (716) 851 -5085.
Date June 17, 2014
This notice is issued pursuant to Part 6 17 of the implementing regulations pertaining to Article 8
State Environmental Quality Review Act) of the Environmental Conservation Law.
The City of Buffalo Planning Board, as lead agency, has determined that the proposed action described below may have a significant impact on the
environment and that a Draft Generic Environmental Impact Statement will be prepared.
Name of Action: Gates Circle Redevelopment
SEQRA Status: Type 1 X
Unlisted
Scoping: No [] Yes X[] If yes, indicate how scoping will be conducted:
Project Sponsor TM Montante Development, LLC and Gates Circle Holdings, LLC (the "Project Sponsor ") is submitting a draft Scoping Document
following the guidelines listed at 6 NYCRR 617.8(0. The Scoping Document has been prepared by C &S Engineers, Inc.
Description of Action:
TM Montante and the Episcopal Church Home and Affiliates ( "ECHA ") are seeking to redevelop the former Millard Fillmore Gates Circle Hospital
site in Buffalo, New York and adjacent properties as a mixed -use retail, commercial and residential development (the "Project "). The centerpiece of
the development will be ECHA's Continuing Care Retirement Community known as Canterbury Woods.
The Project will involve demolition of some or all of the existing hospital Complex buildings and construction of six new buildings, some of which will
be entirely residential and others of which will contain retail outlets, offices and /or other services and amenities on the lower floors with residential
units above. Total square footage for all buildings will be approximately 940,000 square feet, with approximately 485 total residential units.
Location: (Include street address and the name of the municipality /county. A location map of appropriate scale is also recommended.)
The Project is located at 3 Gates Circle, 1277 Delaware Avenue and 1275 Delaware Avenue in Buffalo, New York.
3220055 -2
SEQRA Positive Declaration
Reasons Supporting This Determination:
The Action has been determined to be a "Type I action pursuant to 6 NYCRR 617.4(b)(6). Because of the scope of the proposed Action, the
Project Sponsor has agreed with the Lead Agency that the Project may involve potentially significant adverse impacts. The potentially significant
adverse impacts from the Project include traffic impacts, parking impacts, noise impacts, construction impacts, neighborhood impacts and impacts
to infrastructure /utility services. These potential impacts, and others, were presented to the Lead Agency by the Project Sponsor on June 17, 2014
in a draft Scoping Document, which the Lead Agency accepted on that date. As a result, the Project Sponsor will be producing a Draft Generic
Environmental Impact Statement studying the individual and collective impacts of the proposed Project undertaken as part of the Action.
For Further Information:
Contact Person: Martin Grunzweig
Address: Mayor's Office of Strategic Planning, City of Buffalo, 901 City Hall, 65 Niagara Square, Buffalo, NY 14202
Telephone Number: (716) 851 -5085
A copy of this notice must be sent to:
Departmnat of Environmental Conservation, 625 Broadway, Albany, New York 12233 -1750
ADOPTED
No. 1687
SEQRA
STATE ENVIRONMENTAL QUALITY REVIEW ACT POSITIVE DECLARATION
NOTICE OF INTENT TO PREPARE A DRAFT GELS
DETERMINATION OF SIGNIFICANCE 1685 HERTEL
This notice is Issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of
the Environmental Conservation Law.
Lead Agency City of Buffalo Planning Board
Room 901, City Hall
65 Niagars Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title New Apartment complex
Location 1685 Hertel Ave
Type of Action Unlisted Uncoordinated
Description: Frizlen Architects is propOsing the construction of an apartment building located at 1685 Hertel Avenue, Buffalo New York. Mr. Frizlen
is proposing the development of the new apartment complex on vacant lots next to the National Grid substation on the south side of Hertel Avenue
between Starin and Wallace Avenues. This project will be similar to a development Mr. Frizlen completed at 305 West Utica Street a number of
years ago. The proposed project entail two buildings with a total od sixteen (16) market rate apartments units, two (2) studio units on the ground
floor, sixteen garages under the building, and two small One story retail storefronts (700 square feet each) facing Hertel Avenue. The project has
also received Zoning Board of Appeals approval. Mr, Frizlen has also discussed this project with the Councilmember and has sent correspondence
to the neighboring residents explaining this project.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect
on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft
Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short -term site preparation and
construction related activities, and do not appear to be significant in magnitude or effect. This project will fill a void on Hertel Avenue that overall
benefit the Hefts[ / Starin Community. There are no actions related this project that will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and
Buffalo New York 14202 -- 716 851 -5085
ADOPTED
NO. 1688
SEQRA NOTICE OF DETERMINATION
NON SIGNIFICANCE
NEGATIVE DECLARATION- 226,228,232,236,238 HIGH ST
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of
the Environmental Conservation Law.
Lead Agency City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New ,York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title Sweet Pea Market
Location 226,228,232,236,238 High St
Type of Action Unlisted Uncoordinated
Description: Eco Logic Studio on behalf of St. John Fruit Belt CDC is proposing the construction of a mixed use retail /market building located at
226,228 232 236 238 High Street, Buffalo New York. The vacant lot would be developed as a retail store selling fresh produce and other food items,
a dell counter car6 and a small pharmacy. The project would serve the immediate Fruit Belt Neighborhood as well as the Buffalo Niagara Medical
Campus. Adjacent parcels will be transferred from the City of Buffalo to St Johns Fruit Belt CDC for site development, including parking and
landscaping /rein gardens. Sweet Pea Market will commit to using locally sourced products featuring prepared foods, baked goods and Panini.
Locally grown and produced foodstuffs will include fresh produce, dairy and sustainably raised meats; local and imported specialty cheeses and
artisanal baked goods. The 500 sq. ft. first floor will house the Market Cafe and pharmacy. It will connect to a covered outdoor eating area on the
second floor for use during milder weather conditions. A shaded patio at the front will provide for seasonal eating space. The building will feature
textured concrete masonry units with aluminum framed curtain wall and storefront construction. The primary rood will be a standing seam metal roof.
The first floor roof will incorporate a green roof to minimize storm water volumes and provide a landscaped roof garden for the second floor outdoor
terrace. Solar panels will be incorporated into the design if financially feasible. The site will have a frontage border of landscape planting using local
species incorporated into a rain garden. New street trees are proposed to support the walkability of the site. There will be 21 parking spaces With
additional parking provided at the existing St. John the Baptist church lots that are located within 1000 feet of the site if necessary.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect on
the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft
Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short -term site preparation and
construction related activities, and do not appear to be significant in magnitude or effect. This project will aide in the continuous revitalization of the
Fruitbelt Community /Medical Campus Area providing a much need one stop mixed use facility for fresh foods, a fast lunch and a conveniently
located pharmacy. There are no actions related to the construction of this project which will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City Hall, and
Buffalo New York 14202 - 716 851 -5085
Dated: July 29. 2014
ADOPTED
NO. 1689
SEQRA NOTICE OF DETERMINATION
NON SIGNIFICANCE
NEGATIVE DECLARATION -79 JEWET AVE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEAR - State Environmental Quality Review) of
the Environmental Conservation Law.
Lead Agency City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEAR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title Parking Lot
Location: 79 Dewett Avenue
Type of Action: Unlisted- Uncoordinated
Description: Eco -Logic Studio is proposing the construction of a parking located at 79 Jewett Avenue, Buffalo New York. The lots located at
79,83,87, 89, Jewett Avenue and 12, 14, 18, 20, 24 Brewster Street have been selected to provide additional off street parking for the Tri Main
Center and the recently acquired building at 45 Jewett Avenue and 100 Leroy Avenue ( the former Phoenix building). The parking lot will provide an
additional fifty three spaces plus four wheelchair accessible parking spaces adjacent to 100 Leroy Avenue that will be utilized by tenants and visitors
to the Tri -Main Center. In addition, the site shall also contain bio- retention gardens and indigenous plantings that will reduce the amount of storm
water run -off that flows into the city sewer system as well as provide beautification to the surrounding area.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of This action will not have a significant adverse affect
on the quality of the environment. No further environmental review of this action will be conducted prior to project implementation and a Draft
Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The identified potential negative impacts appear to be primarily short -term site preparation and
construction related activities, and do not appear to be significant in magnitude or effect. There are no actions related this project that will have a
significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzwaig, Land Use Controls Coordinator, Room 901 City Hall, and
Buffalo New York 14202 - 716 851 -5085
ADOPTED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1690
ABANDONMENT AND SALE OF A PORTION (APPROXIMATELY 99') OF JEFFERSON AVENUE
(50' WIDE) RIGHT OF WAY TO SENECA HAMBURG, LLC FOR INGRESS /EGRESS AND PARKING PURPOSES
FILLMORE DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received a request from Creative Structure Services, Mr. David Pawlik, on behalf of
Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the
Office of Strategic Planning, requesting that the City abandon and sell a portion of the Jefferson Avenue Right Of Way. The sale property is located
at the south terminus of Jefferson Avenue, south of Myrtle and is currently a portion of the City -owned public right of way (street). Seneca Hamburg,
LLC is renovating the former warehouse located at 550 Seneca Street into 41 market rate apartments and 2,500 sq. ft. of leasable commercial
space. The portion of the Jefferson Avenue Right of Way that is being requested to be abandoned and sold is described on Exhibit A attached
hereto and is situate adjacent to 550 Seneca Street and will be used for ingress and egress to 550 Seneca and for a parking area for visitors.
The Department of Public Works, Parks & Streets has indicated that they have no objections to the abandonment and sale of this portion of the
Jefferson Avenue Right of Way on condition that:
The City of Buffalo and any utility company or other person /entity that has interests in the area to be abandoned and sold reserves or is otherwise
provided the right to preserve and protect their utilities or facilities in said area to the satisfaction of the City of Buffalo Dept. of Public Works, the
City's Corporation Counsel's Office and the pertinent utility company(ies) or other impacted person or entity.
Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the
Office of Strategic Planning agrees to continuously grant the City of Buffalo and any and all utility companies or other impacted person or entity with
interests in the subject area access to maintain, repair and /or replace any and all utilities or other facilities located in the subject area.
3. The official closing /abandonment of the right of way to be sold will not become effective until the deed from the City conveying title to the right of
way property is filed in the Erie County Clerk's Office.
In accordance with Article 27.5 of the City Charter, Creative Structure Services, Mr. David Pawlik, on behalf of Seneca Hamburg, LLC
commissioned KLW Group, Mr. Gregory Klauk, Appraiser to estimate the fair market value of the subject portion of the Jefferson Avenue Right Of
Way (approximately 50' wide x 99'). Mr. Klauk has estimated the fair market value of the right of way to be Nine Thousand Nine Hundred Dollars
($9,900). The City of Buffalo Appraisal Review Board reviewed the appraisal at their meeting of July 9, 2014 and approved the value established by
the Appraiser at their meeting of August 14, 2014 in the amount of Nine Thousand Nine Hundred ($9,900). Seneca Hamburg, LLC and /or a
corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the Office of Strategic Planning has
agreed and is prepared to pay a total of Nine Thousand Nine Hundred Dollars ($9,900) for the subject portion 50' x 99' of the Jefferson Avenue
Right of Way. They have also agreed to pay for all costs associated with the abandonment and sale and transfer of title including but not limited to
transfer tax, recording fees and the cost to file the deed and any necessary easements.
In accordance with the City Charter, the abandonment and closing of a street or right of way is a matter that is referable to the City of Buffalo
Planning Board for their review and recommendation.
Pursuant to City Code Chapter 168 -5(B) (8). The City of Buffalo's environmental review ordinance exempts the sale of city property, under 50 acres,
from SEQR review by designating it a Type 2 Action.
The Office of Strategic Planning, Division of Real Estate respectfully hereby recommends that Your Honorable Body approve the proposed
abandonment and sale of the subject 50' wide by 99' section of the Jefferson Avenue Right of Way for the amount of Nine Thousand Nine Hundred
Dollars ($9,900) to Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and
approved by the Office of Strategic Planning providing the following terms and conditions are satisfied:
1. Your Honorable Body refer this matter to the City of Buffalo Planning Board and providing that the Planning Board recommends and approves the
abandonment and sale of the subject portion of the Jefferson Avenue Right of Way (approximately 50' wide x 99' long), located at the south terminus
of Jefferson Avenue, south of Myrtle and currently serves as a portion of the public right of way (street).
In accordance with standard street abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public hearing and to
direct the publication of a five day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be conducted at 2:00 P.M. in the
Council Chambers on the 16th of September, 2014.
In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution
together with a Notice of Public Hearing for your action.
Forwarded separately but attached hereto are the following documents:
a. Resolution setting Public Hearing
b. Notice of Public Hearing
c. Resolution approving proposed transfer
Providing there are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common
Council, and further providing that Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca
Hamburg, LLC and approved by the Office of Strategic Planning agrees to create, preserve and /or protect the City's utility lines and all other utility
lines and /or easements, as necessary, near and within the area to be sold all in writing and as determined to be satisfactory in the sole discretion of
the Corporation Counsel's Office.
Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the
Office of Strategic Planning agrees to grant easements near and within the area to be sold as determined to be advisable in the discretion of the
Corporation Counsel's Office, including but not limited to easements for Water, Gas, Verizon /Time Warner. Seneca Hamburg, LLC and /or a
corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the Office of Strategic Planning shall
submit said easements to the City of Buffalo and any affected utility company and other interested persons /entities for review. The terms and
conditions of the proposed easement agreements shall be negotiated to finalization and subject to review and approval of the Department of Public
Works, City of Buffalo Corporation Counsel's Office and any Utility Company and other interested persons /entitles that may be affected or impacted.
That the Department of Public Works is kept apprised of the construction project and that the Department of Public Works monitors the progress of
any right of way concerns or issues, if and when they should arise,
Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the
Office of Strategic Planning agrees to address any right of way and utility concerns or issues, if and when they should arise, to the satisfaction of
the Department of Public Works and the Corporation Counsel's Office,
The official granting of the easement interests over, under and near the public right of way being sold will generally not become effective until the
deed reserving easements rights and /or easement agreements creating and conveying the easement interests are filed in the Erie County Clerk's
Office, and
8. That the official closing /abandonment of the right of way to be sold will not become effective until the deed conveying title to the
property is filed in the Erie County Clerk's Office.
I am further recommending that Your Honorable Body:
Authorize the Mayor to execute all the necessary documents including but not limited to the deed in order to effectuate transfer of title of the portion
of Jefferson Avenue described in Exhibit A (suc deed to be in form and substance acceptable to the Corporation Counsel's Office and to include
standard indemnity and release as to all site and environmental conditions), and
Authorize pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to achieve
the purpose and objectives of the deed conveyance and easement agreements and arrangements, and
Authorize the Mayor and other pertinent City personnel to take all such steps and actions and to execute and or develop, negotiate and process the
necessary documents, agreements and /or modifications thereto as shall be reasonably necessary to facilitate and implement the reserved
easements within the sale property (and easement interests near the sale property) for the benefit of the City (and for the benefit of the pertinent
associated utilities and other persons /entities where appropriate such as but not limited to the Buffalo Water Board and etc.) all as are determined to
be appropriate by the Corporation Counsel.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1691
PERMISSION TO DESIGNATE DEVELOPER CB EMMANUEL REALTY LLC & BARNES REAL ESTATE GROUP AS DEVELOPER FOR
FORMER SCHOOL NO. 63 LOCATED AT 91 LISBON
UNIVERSITY DISTRICT
The City of Buffalo Office of Strategic Planning, Division of Real Estate ( "Office of Real Estate "), advertised a Request for Proposals (RFP) for the
redevelopment of former school No. 63 located at 91 Lisbon (the "Property "). The Front Page (South Buffalo News), West Side Times /Buffalo
Rocket, The Challenger, the Riverside Review and was posted on the City website. The RFP was mailed electronically to interested parties,
Developers and Real Estate Brokers.
The development team of CB Emmanuel Realty LLC & Barnes Real Estate Group (the "Developer ") located at 221 - 10 Jamaica Avenue, 3 rd Floor
Queens Village, New York 11428 was deemed the successful respondent to the Request for Proposal-
The Developer proposes to convert the Property into forty -seven (47) residential units and a community and /or commercial space for lease on the
ground floor. The residential units are comprised of one (1), two (2) and three (3) bedroom units for veterans, moderate and middle income
individuals /families.
The purchase price of the Property shall be negotiated based upon a real estate appraisal to be obtained and paid for by the Developer ( "Purchase
Price "), which is subject to review by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body.
The Office of Real Estate respectfully requests that Your Honorable Body designate CB Emmnauel Realty LLC & Barnes Real Estate Group as the
Developer, and /or a corporation, partnership, or other legal entity to be designated by CB Emmanuel Realty LLC & Barnes Real Estate Group and
approved by the City of Buffalo, as the Developer of the Property for a period of six (6) months, with the option of the Executive Director of the Office
of Strategic Planning to extend for an additional 6 month period, subject to but not limited to the following terms and conditions.
a. Exterior grounds maintenance in the form of snow removal, grass cutting & cleaning (i.e. miscellaneous blowing of garbage, bottles, etc.) and
exterior securing of windows.
b. Weekly reporting by the Developer to the City of site activity.
c. In the event the Developer shall exercise its option to acquire said Property pursuant to the LDA to be negotiated by Developer and the City, said
Designation Fee shall be applied as a credit towards the Purchase Price. In the event Developer shall not proceed with the acquisition of the
Property within the designation period, Developer shall forfeit all fees paid on account and the City shall retain all such fees
d. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary) and
construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approval by the City of Buffalo. Said
plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo.
e. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the Developer to
the Office of Real Estate prior to Common Council approval of a Land Disposition Agreement ( "LDA ").
f. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5th) of each month, beginning in the month
following this designation.
g. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the completion of the
Project which shall be submitted prior to closing.
h. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent with, and
subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every Contractor hired by Developer
that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use,
and /or the presence or absence of hazardous substances as such term is used in the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the
Resource Conservation and Recovery Act, as amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental
Conservation Law or any other federal, state, or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision,
order, or directive, existing as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance
saving the City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and
signed by the City of Buffalo prior to any and all Contractor's accessing the Property.
I. The successful negotiation of an LDA for approval by the Common Council no later than six (6) months from the date the Common Council
approves the designation.
J. That the Developer, or an entity to be designated by the Developer and approved by the City, sign a Environmental Release and Indemnification
Agreement releasing the City of Buffalo from any and all liability.
k. Upon signing of the LDA, payment by the Developer to the Office of Real Estate, a non - refundable deposit in the amount of ten percent (10 %) of
the agreed to Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of Buffalo Charter.
I. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee and /or demolition
liens or any other liens owed to the City of Buffalo, or if code violations exist on any property owned by them.
The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines set forth above. Should the City elect to
terminate this designation on or before the end of the designation period for failure by the Developer to comply with the above conditions, the City will
give written notice to the Developer via certified mail and allow the Developer seventy -two (72) hours to cure.
The designation will expire six (6) months from the date the Common Council approves the designation.
I am requesting that your Honorable Body approve the designation of CB Emmanuel Realty, LLC & Barnes Real Estate Group, and /or a corporation,
partnership, or other legal entity to be designated by Developer and approved by the City, as Developer of the above - referenced Property on the
above terms and conditions; authorize the Corporation Counsel's Office to prepare the necessary agreements for the development of the Property;
and forward to the Common Council for final approval agreements for the transfer of title.
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 25, 2014, be
received and filed;
That the Common Council hereby designates CB Emmanuel Realty LLC & Barnes Real Estate Group ( "Developer ") as Developer and /or a
corporation, partnership, or other legal entity to be designated by CB Emmanuel Realty LLC & Barnes Real Estate Group of former School No. 64,
located at 91 Lisbon (the "Property ") for a period of six (6) months, with the option of the Executive Director of the Office of Strategic Planning to
extend for an additional six (6) month period, subject to the following terms and conditions:
a. Exterior grounds maintenance in the form of snow removal, grass cutting and cleaning (i.e., miscellaneous blowing of garbage,
bottles, etc.) and exterior securing of windows.
b. Weekly reporting by Developer to the City of site activity.
C. In the event the Developer shall exercise its option to acquire said Property pursuant to the Land Development Agreement ( "LDA ") to
be negotiated by Developer and the City, said Designation Fee shall be applied as a credit towards the purchase price. In the event
Developer shall not proceed with the acquisition of the Property within the designation period, Developer shall forget all fees paid on
account and the City shall retain all such fees.
d. Submission by the Developer of a detailed site plan of the Project for approval by the City of Buffalo Planning Board (if necessary)
and construction plans, including landscaping and a breakdown of estimated total Project costs, for review and approval by the City
of Buffalo. Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo.
e. Submission of a colored rendering of the Project suitable for presentation to the Common Council which shall be submitted by the
Developer to the Office Real Estate prior to the Common Council approval of an LDA.
f. Submission of monthly progress reports by the Developer to the Office of Real Estate by the fifth (5 of each month, beginning in
the month following this designation.
g. Submission by the Developer to the Office of Real Estate of evidence of equity capital and mortgage financing necessary for the
completion of the Project which shall be submitted prior to closing.
h. Developer is responsible for performing soil borings and soil investigations and any other tests, investigations, or surveys consistent
with, and subject to, execution and compliance with an Access, Indemnification and Insurance Agreement, by each and every
contractor hired by Developer that will access the Property, for the purpose of determining, to Developer's satisfaction, the suitability
of the Property for Developer's intended use, and /or the presence or absence of hazardous substances as such term is used in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC ss 9601 et seq.; the
Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.; the Resource Conservation and Recovery Act, as
amended, 42 USC ss 6901 et seq.; Articles 15 and 27 of the New York State Environmental Conservation Law or any other federal,
state or local law, regulation, rule, ordinance, by -law, policy guidance, procedure, interpretation, decision, order or directive, existing
as of the date hereof, previously enforced or subsequently enacted. The Access Agreement and evidence of insurance saving the
City of Buffalo harmless form any and all liability must be approved as to form by the City of Buffalo's Corporation Counsel's Office
and signed by the City of Buffalo prior to any and all Contractors accessing the Property.
i. The successful negotiation of an LDA for approval by the Common Council no later than six (6) months from the date the Common
Council approves the designation.
j. That the Developer, or an entity to be designated by the Developer and approved by the City, sign an Environmental Release and
Indemnification Agreement releasing the City of Buffalo from any and all liability.
k. Upon signing of the LDA, payment by the Developer to the Office of Real Estate, a non - refundable deposit in the amount of ten
percent (!0 %) of the agreed to Purchase Price. The Purchase Price is to be established in accordance with Article 27 of the City of
Buffalo Charter.
I. Individuals and /or corporations are ineligible for designation if they have outstanding taxes, water bills, parking tickets, user fee
and /or demolition liens or any other liens owned to the City of Buffalo, or if code violations exist on any property owned by them.
That the Common Council hereby approves the designation of CB Emmanuel Realty, LLC & Barnes Real Estate Group and /or an entity to be
designated by CB Emmanuel Realty, LC & Barnes Real Estate Group as the Developer of 91 Lisbon upon the above terms and conditions;
That the Common Council hereby authorizes the Executive Director of the Office of Strategic Planning to prepare the necessary agreements for the
development of former School No. 63, located at 91 Lisbon, and authorizes the Corporation Counsel's Office to prepare the necessary agreements
for the development of the Property; and forward to the Common Counsel for final approval of the agreement for the transfer of title.
PASSED
AYES — 9 NOES - 0
NO. 1692
REPORT OF SALE 722 WEST DELAVAN FORMER SCHOOL NO. 66
DELAWARE DISTRICT
The Office of Strategic Planning, Division of Real Estate, issued a Request for Proposal Package (RFP) for former School No. 56 located at 722
West Delavan. The RFP was advertised in the Buffalo News classified section and was posted on the City web -site. The former school at 722 West
Delavan has approximately 46,370 gross floor area, three story brick building situated on approximately 1.56 acre site.
The Office of Strategic Planning received Six (6) development proposals. Each proposal was evaluated based on quality of proposed development
including consistency with local plans and community impact, project readiness, MBEM/BE participation, respondent experience and qualifications,
proposed purchase price and financial viability of proposed development.
Considering the quality of the proposals, along with project readiness, MBENVBE participation, respondent experience and financial viability, all
respondents were relatively similar. Purchase price became the differentiating factor. Two of the Developers offered the highest purchase price of
$1.1 Million. The two Developers were invited to meet to discuss their proposals. Following the meetings, 722 Group, LLC, Ellicott Development
Company in partnership with Sinatra & Company Real Estate's proposal was selected.
722 Group, LLC's proposal includes 33 residential units with a mix of studio, one, two and three bedrooms, 4,000 square feet of commercial space
in the basement and a potential roof top garden. Construction costs are estimated at $3.9 million.
Their proposal would complement their nearby project at 905 Elmwood Avenue. Plans call for a four -story, L- shaped building with 21 high -end
apartments, a locally operated restaurant and yet to be specified retailer at Elmwood and West Delevan. The proposed 44,000- square -foot building
would cost between $8 million and $9 million.
By developing both projects simultaneously it allows 722 Group, LLC to address neighborhood parking concerns by providing more onsite parking,
take advantage of greater construction and project cost efficiencies and provide additional amenities for both projects including a pool, green space
and discounted meals at the 905 Elmwood restaurant for residents of both projects.
722 Group, LLC would prefer to move directly to a purchase agreement. Their offer of $1.1 million is a cash offer with no conditions and could close
in thirty days. The timeline for completion is 12 months following site control.
Pursuant to City Code Chapter 168 -5(B) (8). The City of Buffalo's environmental review ordinance exempts the sale of city property, under 50 acres,
from SEQR review by designating it a Type 2 Action.
722 Group, LLC, Ellicott Development in partnership with Sinatra & Company Real Estate, has agreed and is prepared to pay $1.1 Million for said
property
I am recommending that Your Honorable Body approve the abandonment and sale of former School No. 56 located at 722 West Delavan to 722
Group, LLC, Ellicott Development in partnership with Sinatra & Company, or an entity to be designated by 722 Group, LLC, Ellicott Development in
partnership with Sinatra & Company, and approved by the Office of Strategic Planning for the amount of $1.1 Million on condition:
1. Providing that the City of Buffalo Planning Board recommends and approves the redevelopment of 722 West Delavan and 905 Elmwood Avenue;
2. That 722 Group, LLC, Ellicott Development in partnership with Sinatra & Company Real Estate, and approved by the Office of Strategic Planning
accepts title in "as is condition ";
3. That 722 Group, LLC, Ellicott Development in partnership with Sinatra & Company Real Estate, and approved by the Office of Strategic Planning
pays for all closing costs including but not limited to title search and report, survey, transfer tax, recording fees, etc.;
4. That 722 Group, LLC, Ellicott Development in partnership with Sinatra & Company Real Estate, and approved by the Office of Strategic Planning
will provide a signed full release and indemnify the City and the Board of Education as to environmental and other matters regarding this property.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1693
REPORT OF SALE - 77 GELSTON STREET - VACANT LOT
120' NORTH OF BRECKENRIDGE
LOT SIZE: 30'X 88'
ASSESSED VALUATION: $5,000
(NIAGARA DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William Breeser 1255 Niagara Street, Buffalo, New York
14213 to purchase 77 Gelston -. Mr. Breeser owns property in the surrounding areas. He would like to purchase the above referenced property in
order to extend the present yard.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Five Cents ($.65) to One Dollar
($1.00) per square foot.
Mr. Breeser has agreed and is prepared to pay Eighty Cents ($.80) per square foot for the parcel for a total of Two Thousand One Hundred Dollars
($2,100) for the above referenced property. He has also agreed to pay for the cost of the transfer tax and recording fees.
77 Gelston Street
I am recommending that Your Honorable Body approve the sale of 77 Gelston Street in the amount of Two Thousand One Hundred Dollars ($2,100)
to Mr. Breeser. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that
the Mayor be authorized to execute the same.
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 25, 2014, be
received and filed; and
That the offer from Mr. William Breeser of 1255 Niagara Street, Buffalo, New York 14213, in the amount of Two Thousand One Hundred Dollars
($2,100.00) for the purchase of 77 Gelston Street 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. 1694
REPORT OF SALE
1532 GENESEE STREET, WEST CORNER OF BISSELL DOWNTOWN ROW (DETACHED)
LOT SIZE: 119'X168'
ASSESSED VALUATION: $51,000
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Abdulqawi A. Abbadi, DBA A and Z Fashions, 31 Bauman
Rd, Williamsville, New York 14221 to purchase 1532 Genesee Street. Mr. Abbadi intends to rehab the property at 1532 Genesee Street for
commercial use.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
An appraisal analysis performed by the KLW Appraisal Group, Inc. 247 Cayuga Road, Buffalo, N.Y. 14225, has estimated the market value to be
$18,700.00. Mr. Abbadi has agreed and is prepared to pay Eighteen Thousand Seven Hundred Dollars ($18,700.00). He has also agreed to pay for
the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 1532 Genesee Street to Mr. Abbadi for the amount of Eighteen Thousand Seven
Hundred Dollars ($18,700). 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. 1695
REPORT OF SALE
184 GIBSON, WEST SIDE 255' NORTH OF PADEREWSKI
LOT SIZE: 30X 110
ASSESSED VALUATION: $2,600
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Tue Le on behalf of the Tu Hieu Buddhist Cultural Center
located at 647 Fillmore Avenue, Buffalo, New York 14212 to purchase 184 Gibson, a city owned vacant lot. The Tu Hieu Buddhist Cultural Center
owns 186, 188 and 192 Gibson along with 647 Fillmore. The property located at 184 Gibson is adjacent to their property at 186 Gibson. They would
like to purchase the lot at 184 Gibson for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Forty Cents ($.40) to Seventy -Five ($75)
per square foot.
Mr. Le on behalf of the Tu Hieu Buddhist Cultural Center has agreed and is prepared to pay One Thousand Four Dollars ($1,400), Forty -Two Cents
($.42) per square foot for the subject property. They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 184 Gibson in the amount of One Thousand Four Hundred Dollars ($1,400) to
Tu Hieu Buddhist Cultural Center. I am further recommending that the Office of Strategic Planning prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same.
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 25, 2014, be
received and filed; and
That the offer from Mr. Tue Le on behalf of the Te Hieu Buddhist Cultural Center located at 647 Fillmore Avenue, Buffalo, New York 14212, in the
amount of One Thousand Four Hundred Dollars ($1,400.00) for the purchase of 184 Gibson 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. 1696
REPORT OF SALE
19 HELEN 185' EAST OF DEWITT LOT SIZE: 20'X 95' ASSESSED VALUATION: $2,000 (NIAGARA DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Alexandra Robins and Ms. Angelique Robins, 25 Helen
Street, Buffalo, New York 14213 to purchase 19 Helen Street. Ms. Robins and Ms. Robins own and reside at 25 Helen Street would like to purchase
19 Helen for additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no
objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Sixty Five Cents ($.65) to One Dollar
Twenty Cents ($1.20) per square foot.
They have agreed and are prepared to pay One Thousand Four Hundred Dollars ($1,400), Seventy Four Cents ($74) per square foot for the subject
property. They have also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 19 Helen Street to Ms. Alexandra Robins and Ms. Angelique Robins in the
amount of One Thousand Four Hundred Dollars ($1,400).
1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 25, 2014, be
received and filed; and
That the offer from Ms. Alexandra Robins and Ms. Angelique Robins of 25 Helen Street, Buffalo, New York 14213, in the amount of One Thousand
Four Hundred Dollars ($1,400.00) for the purchase of 19 Helen 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. 1697
REPORT OF SALE -91 LOUISIANA(FILL)
East Side 341.50' South of South Street South Side 235' Southeast of Pennsylvania Lot Size: 24.33' x 102' Assessed Valuation : $2,000
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Shawn T. Pearce and Bartholomew J. Kresse, 140 Chapin Parkway,
Buffalo, New York 14209 to purchase 91 Louisiana. Mr. Pearce and Mr. Kresse intended to build a single family dwelling to use for rental purposes. They have
provided sufficient proof of financial ability to complete the purchase and construction of said property.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to
the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Thirty -Eight Cents ($.38) to Fifty -Eight Cents ($.58) per
square foot.
Mr. Pearce and Mr. Kresse have agreed and are prepared to pay One Thousand One Hundred Dollars ($1,100), Forty -Five Cents ($.45) per square foot for the
subject property.
I am recommending that Your Honorable Body approve the sale of 91 Louisiana in the amount of One Thousand One Hundred Dollars ($1,100) to Shawn T.
Pearce and Bartholomew J. Kresse on condition:
1. The subject property will not transfer until Mr. Shawn T. Pearce and Mr. Bartholomew J. Kresse receive Planning and Zoning Board approvals:
2. Mr. Pearce and Mr. Kresse agree to accept title in "as is condition:
3. Mr. Pearce and Mr. Kresse agree to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees
4. Mr. Pearce and Mr. Kresse agree to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the
property.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1698
REPORT OF SALE - 31 MILITARY - VACANT LOT
200' NE Amherst Lot Size: 27'x 64' Assessed Valuation: $3,100 (North District)
The Office of Strategic Planning, Division of Real Estate has received a request from Ms. Kathleen Kowalewski, 300 Amherst Street, Buffalo, N.Y. 14213 to
purchase 31 Military Rd. Ms. Kowalewski would like to purchase the above referenced property in order to extend her yard.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to
the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Seventy Five Cents ($.75) to Two Dollars ($2.00) per
square foot.
Ms. Kowafewski has agreed and is prepared to pay Ninety Two Cents ($..92) per square foot for the parcel for a total of One Thousand Six Hundred Dollars
($1,600) for the above referenced property. She has also agreed to pay for the cost of the transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 31 Military Road in the amount of One Thousand Six Hundred Dollars ($1,600) to Kathleen
Kowalewski.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same.
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 25, 2014, be received and
filed; and
That the offer from Ms. Kathleen Kowalewski of 300 Amherst Street, Buffalo, New York 14213, in the amount of One Thousand Six Hundred Dollars
($1,600.00) for the purchase of 31 Military Road 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. 1699
REPORT OF SALE- 1249 NIAGARA- VACANT LOT
255' North of Breckenridge Lot Size: 50'x 100' Assessed Valuation: $10,000 (Niagara District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. William Breeser 1255 Niagara Street, Buffalo, New York 14213 to
purchase 1249 Niagara. Mr. Breeser owns property in the surrounding areas. He would like to purchase the above referenced property in order to extend the
present yard.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to
the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from One Dollar and Eight Cents ($1.08) to Two Dollars
($2.00) per square foot.
Mr. Breeser has agreed and is prepared to pay One Dollar and Eighty Two Cents ($1.82) per square foot for the parcel for a total of Nine Thousand One Hundred
Dollars ($9,100) for the above referenced 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 1249 Niagara Street in the amount of Nine Thousand One Hundred ($9,100) to Mr. Breeser. I
am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same.
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 25, 2014, be received and
filed; and
That the offer from Mr. William Breese of 1255 Niagara Street, Buffalo, New York 14213, in the amount of Nine Thousand One Hundred Dollars ($9,100.00)
for the purchase of 1249 Niagara Street 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. 1700
REPORT OF SALE 468 RHODE ISLAND
North Side West Corner of Nineteenth Lot Size: 30'x 106' Assessed Valuation: $4,500 (Niagara District)
The Office of Strategic Planning, Division of Real Estate has received a request from Robert and Kathleen Harlock, 356 Richmond, Buffalo, New York 14222 to
purchase 468 Rhode Island. Mr. & Mrs. Harlock would like to purchase the subject property in order to build a home. They have provided sufficient proof of
financial ability to complete the purchase and construction of said property.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to
the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
A market analysis performed by the Division of Real Estate showing similar sales in the area range from Eighty Cents ($.80) to One Dollar Fifty Cents ($1.50)
per square foot. Mr. & Mrs. Harlock have agreed and are prepared to pay Four Thousand Dollars ($4,000), One Dollar and Twenty -Five Cents ($1.25) per
square foot for the subject property.
I am recommending that Your Honorable Body approve the sale of 468 Rhode Island for the amount of Four Thousand Dollars ($4,000) to Robert and Kathleen
Harlock on condition:
1. The subject property will not transfer until Robert & Kathleen Hadock receive Planning and Zoning Board approvals:
2. Robert & Kathleen Harlock agree to accept title in "as is condition:
3. Robert & Kathleen Harlock agree to pay for all closing costs associated with the transfer of title including but not limited to transfer tax and recording fees
4. Robert & Kathleen Harlock agree to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters regarding the
property.
I am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same.
Mr. Smith moved:
That the above item be, and the above communication from the Office of Strategic Planning, Division of Real Estate, dated August 27, 2014, be received and
filed; and
That the offer from Robert and Kathleen Harlock of 356 Richmond, Buffalo, New York 14222, in the amount of Four Thousand Dollars ($4,000.00) for the
purchase of 468 Rhode Island be and hereby is accepted upon the following conditions
1. The subject property will not transfer until Robert and Kathleen Harlock receive Planning and Zoning Board approvals;
2. Robert and Kathleen Harlock agree to accept title in "as is" condition;
3. Robert and Kathleen Harlock agree to pay for all closing costs associated with the transfer of title including, but not limited to, transfer tax and
recording fees; and
4. Robert and Kathleen Harlock agree to provide a signed full release and indemnity to the City of Buffalo as to environmental and other matters
regarding the property.
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. 1701
REPORT OF SALE 369 EAST UTICA
South Side 485'East of Jefferson Lot Size: 30 x 142 Land: $2,100 Improvement: $12,800 Total Assessed Valuation: $14,900 Ellicott District
The Office of Strategic Planning, Division of Real Estate, has received a request from Shafiqur R. Khan, President of Greenhouse of Buffalo, Inc., 8709 169"'
Street, Jamaica, New York 11432 to purchase 369 East Utica. Greenhouse of Buffalo, Inc. intends renovate the property for rental purposes.
The subject property is a 4 bedroom, 1 bathroom, single family dwelling, consisting of approximately 1,520 sq. ft. The property was acquired by the City through
In -Rem #39 in October 2007.
Mr. Khan on behalf of Greenhouse of Buffalo, Inc. has estimated the cost of renovations to be $16,350.00 which was reviewed and approved by the Division of
Real Estate. Mr. Khan on behalf of Greenhouse of Buffalo, Inc. has provided sufficient proof of financial ability to complete the purchase and renovations of said
property. Mr. Khan commutes to Buffalo 2 -3 days a week and will manage this property himself.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of Collections have no objections to
the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by the purchasers.
G.A.R. Associates estimated the value ofthe property to be Four Thousand Five Hundred Dollars ($4,500). The appraisal was submitted to the Appraisal Review
Board and they have recommended the value established by the Appraiser. Mr. Khan on behalf of Greenhouse of Buffalo, Inc. has agreed and is prepared to pay
Four Thousand Five Hundred Dollars ($4,500) for the subject property. He has also agreed to pay for the cost ofthe transfer tax and recording fees.
I am recommending that Your Honorable Body approve the sale of 369 East Utica to Greenhouse of Buffalo, Inc. in the amount of $4,500.00. I am further
recommending that the Office of Strategic Planning, Division of Real Estate 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. 1702
APPOINT DIRECTOR OF PLANNING (EXECMPT)(MARRERO)
Certificate of Appointment
Appointment Effective August 4, 2014 in the Department of Mayor's Office of Strategic Planning Division of Planning to the Position of Director of Planning
Exempt Flat Starting Salary of $72,872
Nadine Marrero, 703 W. Ferry Apt. C3, Buffalo NY 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMPTROLLER
NO. 1703
CERTIFICATE OF NECESSITY -FIRE
Increased Appropriation
We, Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section §20 -11 ofthe Charter, that an increase in the sum of
$ 353,100 in the estimate for the fiscal year beginning July 1, 2014 is necessary in the Department of Fire - Emergency Medical Services to meet a contingency
which could not have been reasonably foreseen when the budget was adopted. The amount of increased appropriation will be met from increased revenue in the
account titled Reserve for Fire Medical Services, not otherwise appropriated for any other purpose. The details ofthe requirements are set forth below:
From:
10700096 - 397206 Reserve for Emergency Medical Services $353,100
To:
12142007 - 474100 Emergency Medical Services — Equipment $353,100
RECEIVED AND FILED
NO. 1704
COMPTROLLER'S ESTIMATE & REPORT -2015 CAPITAL IMPROVEMENTS
Pursuant to Section 20 -21 ofthe Charter ofthe City of Buffalo, attached please find the Comptroller's Estimate and Report.
Copy available for review in the City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
NO. 1705
INTERFUND LOANS 2014 CAPITAL BUDGET
The Administration has requested that you approve an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $82,084
against the 2014 City Capital Improvements Budget for the projects listed below. The loan will be repaid when BANS or Bonds are issued in Fiscal year 2014 -15.
FROM TO ACCOUNT REPAYMENT DATE TOTAL
General Fund Capital Projects Fund 38323206 April 2015 $82,084
MLK Casino Exterior Renovations
As part ofthe policy set forth in the Comptroller's Estimate & Report, we will only issue debt for Capital Improvement Budget projects that are ready to begin
expending funds. In order to fund projects that become shovel -ready before the next capital debt issuance, the City can utilize interfund loans.
Pursuant to the City's Capital Budget/Debt Management Policy, the City intends to issue Bonds or BANS for City Projects during the 2014 -15 Fiscal Year. The
remaining 2013 and 2014 Capital Budget Projects, which were not funded in the April 2014 Bond/BAN sale, that can be interfund loaned and included in the
2014 -2015 debt issue will be limited to $10,094,717. Currently, there are six City projects with an interfund loan amount of $2,426,867 outstanding. Ifthis
current request is approved, the City will be committed to $2,508,951 * in projects.
2013 Capital Budget $ 21,801,885.00
Bonds /BAN'S Issued (18,549,168.00)
Authorized but Unissued Projects 3,252,717.00
Approved Interfund Loan - Hatch Restaurant Additions (470,467.00)
Approved Inter fund Loan - Police Precinct Renovations (400,000.00)
Approved Interfund Loan - Library Improvements (300,000.00)
Approved Interfund Loan - Fire Apparatus (500,000.00)
Approved Interfund Loan - Fire Station Rehabilitation (400,000.00)
Approved Interfund Loan - Tree Removal and Planting (356,400.00)
2013 Unfunded Projects $ 825,850.00
2014 Capital Budget $ 22,900,000.00
Bonds /BAN'S Issued (16,058,000.00)
Authorized but Unissued Projects $ 6,842,000.00
Requested Interfund Loan - MLK Casino Exterior Improvements (82,084.00)
2014 Unfunded Projects $ 6,759,916.00
*Please be advised that once an interfund loan has been approved, the City is committed to the total cost ofthe project regardless ofthe amount advanced.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Audit and Control/Comptroller, dated August 28, 2014, be received and filed; and
That the Common Council hereby approves an interfund cash loan from the General Fund to the City's Capital Projects Fund in the amount of $82,084.00 against
the 2014 City Capital Improvements Budget for the following projects:
• Hatch Restaurant Additions
• Police Precinct Renovations
• Library Improvements
• Fire Apparatus
• Fire Station Rehabilitation
• Tree Removal and Planting
The loan will be repaid when BANS or Bonds are issued in Fiscal Year 2014 -15.
PASSED
AYES 9, NOES 0
FROM THE PRESIDENT OF THE COUNCIL
NO. 1706
REQUEST AMENDMENT CHAPTER 399 -3 IN REGARDING E- CIGARETTES
The following is being filed on behalf of Council Member Pridgen regarding E- Cigarettes and Tabaco free policies
AMEND Chapter 399 ofthe Charter ofthe City of Buffalo to read:
Article II
Section 399 -3. Definitions.
Where used in this Article, the following terms and words shall have the following message:
MINOR- Includes all persons under 18 years of age.
SMOKING MATERIALS - All objects utilized for the purpose of smoking, and shall include but not be limited to cigarettes, electronic cigarettes, pipes, loose
tobacco, smoking herbs and cigarette papers.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO. 1707
REQUEST SEWER ADMINISTRATION ADDRESS CONCERNS FOR SEWER SYSTEM ON BIRD AVENUE
On behalf of the Buffalo Common Council, I would like to formally request that the administration of the Buffalo Sewer Authority give Mr. Charles Tarr an
opportunity to meet with you and discuss his concerns and grievances regarding the long term control plan for the sewer system on Bird Avenue. Mr. Tarr has
been regularly attending Common Council Community Development Committee meetings to discuss the issue, as well as Dr. Gardella of the Buffalo
Environmental Management Commission.
We believe it is necessary that the Buffalo Sewer Authority give Mr. Tarr an opportunity to discuss the issue with your body. Along with allowing Mr. Tarr to
meet with you, we request that you attend the next Common Council meeting on Community Development to report to the Common Council on this discussion
and present any relevant information regarding this issue.
Thank you for your time in dealing with this matter.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 1708
APPOINT ASSISTANT TO ASSESSOR(PROV)(FOURTH STEP)(CAULFIELD)
Certificate of Appointment
Appoint effective July 7, 2014 in the Department of Assessment and Taxation to the Position of Assistant to Assessor Provisional Appointment Fourth Step
Starting Salary of $34, 268
Mary Caulfield, 84 Shenandoah Road, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 1709
CHANGE IN CONTRACT- HISTORICAL SOCIETY ELECTRICAL RENOVATIONS
JOB 41283(DEL)
PRIOR COUNCIL REFERENCE: Item #769 of CCP of 4/15/14
I hereby submit to Your Honorable Body the following changes for Historical Society, Electrical Renovations, Frey Electrical Construction Co., C #93001325.
1. To make the necessary upgrades to the existing electrical distribution to bring up to code.
There were unforeseen conditions discovered during construction. Add $13,549.00
The foregoing changes result in a net increase in the contract of Thirteen Thousand Five Hundred Forty -Nine and 00 /100 Dollars ($13,549.00)
Summary: Original Contract Amount $892,000.00
Amount of Previous Change Orders 0.00
Amount of This Change Order ( #1) $ 13,549.00
Revised Contract Amount $905,549.00
Costs have been reviewed by the consulting architect (Robson Woese, Inc.) and the Department of Public Works, Parks & Streets and were found to be fair and
equitable. Funds for this work will be available in account No. 32320206 - 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 August
15, 2014, be received and filed; and
That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the
amount of $13,549.00 (Original Contract Amount $892,000.00 + Change Order #1 $13,549.00 for a Revised Contract Amount of $905,549.00) for
the Historical Society Electrical, to Frey Electrical Construction Co., C #93001325. Funding is available in Account #32320306 - 445100 — Buildings.
PASSED
AYES 9, NOES 0
NO. 1710
CHANGE IN CONTRACT- CORRECTION MARCY CASINO NEW ELEVATOR AND STRUCTURAL DECK RECONSTRUCTION
JOB 41275 NORTH DISTRICT
PRIOR COUNCIL REFERENCE: Item #1430 of CCP of 7/8/2014
I hereby submit to Your Honorable Body the following changes for Marcy Casino, New Elevator and Structural Deck Reconstruction, Goodwin Electric,
C #93001269.
1. Temporary Lighting Deduct $ 5,054.66
2. Silent Knight Communicator Panel Add $ 1,750.32
3. Remote Key Pad for Lighting Control System Add $ 1,633.78
4. Replace Conduits at East Entrance to Pan AM Room Add $ 776.73
5. Sound System Receptacle Add $ 707.14
6. Feeder for Exhaust Fan at Elevator Machine Room Add $ 873.42
7. Cost to Reinstall Lighting at Upper Hall Ceiling Add $ 706.08
8. Cost to Troubleshoot Lights in West Entrance and Reconnect Add $ 690.70
9. Labor, Material, and Shipping for (3) Wall Sconces and Controls Add $ 2,985.11
The foregoing changes result in a net increase in the contract of Five Thousand Sixty -Eight and 62/100 Dollars ($5,068.62).
Original Contract Amount $64,100.00
Amount ofthis Change Order ( #1) $ 5,068.62
Revised Contract Amount $69,168.62
Costs have been reviewed by the consulting architect (DiDonato Architects) and the Department of Public Works, Parks and Streets and were found to be fair and
equitable. Funds for this work will be available in 35323106 - 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 August
18, 2014, be received and filed; and
That the Commissioner of the Department of Public Works, Parks and Streets, be, and he hereby is authorized to execute Change Order #1 in the
amount of $5,068.62 (Original Contract Amount $64,100.00 + Change Order #1 $5,068.62 for a Revised Contract Amount of $69,168.62) for the
Marcy Casino, New Elevator and Structural Deck Reconstruction, to Goodwin Electric, C #93001269. Funding is available in Account #35323106-
445100.
PASSED
AYES 9, NOES 0
NO. 1711
128 GENESEE STREET ENCROACHMENT OVER CITY RIGHT OF WAY
Mr. Rocco Termini, owner of the property located at 128 Genesee Street, has requested permission to encroach city right of way with a second story building
overhang at said address.
The proposed building will be a two story restaurant constructed from shipping containers. The overhang occurs on the second floor and extends 8' over the
sidewalk into city right of way. There is no seating on the proposed overhang. The City Planning Board approved this project at its March 11, 2014 meeting (Item
#5).
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and
has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere License" for said encroachment provided the following conditions are
met:
1. That the applicant obtains any and all City of Buffalo permits necessary.
2. That the building overhang be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection Services.
3. That the applicant be responsible for maintenance of the building overhang as long as it remains within City right of way.
4. That, in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of factors effecting the health,
safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachment as described in Chapter 413 -
67(F) ofthe City Charter.
5. That the applicant supply the Department of Public Works, Parks & Streets with a construction in street bond and/or certificate of insurance deemed sufficient
by the Corporation Counsel which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction,
maintenance, use and removal of said building overhang.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1712
PERMISSION TO ENGAGE IN AGMT FOR RECYCLING EDUCATION AND MARKETING CAMPAIGN SERVICES
I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to engage in an agreement with Block Club, Inc.
for Recycling Education and Marketing Campaign Services, designed to help increase recycling rates in the City of Buffalo. The contract period is from the date
of the contract through the completion of the deliverables which are due January 1, 2015.
The costs for consulting services are estimated not to exceed $50,000.00. The funds are available in account 52002606 - 454000 and/or an account(s) to be named
at a later date. BLOCK CLUB, INC. has been selected through the Request for Qualifications and Proposal 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 August 18, 2014, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to engage in an agreement with Block Club, Inc. for the
Recycling Education and Marketing Campaign Services, in an amount not to exceed $50,000.00. The consultant was chosen through a Request for
Qualifications and Proposals process. Funds are available in Account #52002606 - 454000 and/or an account(s) to be named at a later date.
PASSED
AYES 9, NOES 0
NO. 1713
PERMISSION TO HIRE FOR BRODERICK PARK PH III PLANNING HISTORIC SIGNAGE AND DISPLAYS
AGREEMENT BETWEEN CITY OF BUFFALO AND CLINTON BROWN COMPANY ARCHITECTURE, PC
Request for Proposals were publicly announced June 23, 2014 and I received the following formal sealed proposal for Broderick Park Ph III Planning - Historic
Signage and Displays which was publicly opened on July 11, 2014.
The following proposal was received:
Company Proposal
Clinton Brown Company Architecture, PC $39,750.00
I hereby certify that the foregoing is a true and correct statement of all proposals received and that Clinton Brown Company Architecture, PC, with a bid of thirty
nine thousand, seven hundred fifty dollars ($39,750.00), is the lowest responsible proposer in accordance with the scope of services.
I hereby respectfully request that Your Honorable Body approve this agreement between the City of Buffalo and Clinton Brown Company Architecture, PC to
provide professional services necessary for related planning for Broderick Park historic signage and displays. Funds for this work are available as per Citywide
Parks Improvements 2014 Bond Sale authorized by Common Council and other account(s) to be named at a later date.
Your consideration toward this request is greatly appreciated.
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 August 13, 2014, 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 with Clinton
Brown Company Architecture PC for Broderick Park Phase III Planning —Historic Signage and Displays, with a proposal amount of $39,750.00. Funds are
available in Citywide Parks Improvements 2014 Bond Sale, authorized by the Common Council, and other account(s) to be named at a later date.
PASSED
AYES 9, NOES 0
NO. 1714
PERMISSION TO HIRE CONSULTANT AUTO IMPOUND SELECT DEMOLITION
BAYS 2,3,4,5,6 & 7 NIAGARA DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works Parks and Streets to hire a consultant to provide architectural/engineering
services for the Select Demolition services related to the City of Buffalo Auto Impound.
The cost for consulting services is estimated not to exceed $24.790.00. The funds are available in 30320006 - 445100. The consultant will be chosen through a
Request for Qualification (RFQ) process.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 11, 2014, be received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural/engineering services
for the Select Demolition Services related to the City of Buffalo Auto Impound. The cost for consulting services is estimated not to exceed $24,790.00. The
consultant will be chosen through a Request for Qualifications (RFQ) process. The funds are available in Account #30320006 - 445100.
PASSED
AYES 9, NOES 0
NO. 1715
PERMISSION TO HIRE CONSULTANT - AMENDED COCA COLA FIELD REHAB VARIOUS MECHANICAL UPGRADES & DOOR
REPLACEMENTS
FILLMORE DISTRICT
PRIOR COUNCIL REFERENCE: #552 of3/18/14
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets permission to hire Cannon Design as a consultant to
provide architectural/ engineering services for Coca Cola Field Rehab, Various Mechanical Upgrades & Door Replacements.
The cost for consulting services is estimated not to exceed $47,300. The funds are available in 35323106 445100. The consultant has been chosen through a
Request for Qualification (RFQ) process.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 1716
PERMISSION TO HIRE CONSULTANT MLK CASINO PHASE 2 RECONSTRUCTION
JOB 41428 MASTEN DISTRICT
I hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant permission to hire Flynn Battaglia Architects as a
consultant to provide architectural/ engineering services for MLK Casino Phase 2 Reconstruction.
The cost for consulting services is estimated not to exceed $74,910.00. The funds will be made available through an interfund loan against the 2014 Capital
Improvement Budget item that was authorized but remains unissued: $500,000 MLK Casino Exterior Improvements.
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 Department of Public Works, Parks and Streets, dated September 2, 2014, be received and filed;
and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement with Flynn Battaglia Architects as a
consultant to provide architecture /engineering services for MLK Casino Phase 2 Reconstruction. The cost for consulting services is estimated not to exceed
$74,910.00. The consultant was chosen through a Request for Qualifications (RFQ) process. The funds will be made available through an interfund loan against
the 2014 Capital Improvements Budget.
PASSED
AYES 9, NOES 0
NO. 1717
PERMISSION TO HIRE CONSULTANT NIAGARA BRANCH LIBRARY ELEVATOR UPGRADES &
PARTIAL RECONSTRUCTION JOB 41423 NIAGARA DISTRICT
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks & Streets to hire a consultant to provide
architectural/engineering services for elevator upgrades and partial reconstruction, Niagara Branch Library.
The cost for consulting services is estimated not to exceed $30,000.00. Funds are available in 38329206 445100, Buildings, and the 2014 Authorized Capital
Improvement Program ($350,000.00); unissued waiting for account number. The consultant was chosen through a 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 August 13, 2014, be received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire a consultant to provide architectural/engineering services
for elevator upgrades and partial reconstruction of the Niagara Branch Library. The cost for consulting services is estimated not to exceed $30,000.00. The
consultant was chosen through a Request for Qualifications (RFQ) process. Funds are available in Account #38329206 445100 —Buildings, and the 2014
Authorized Capital Improvements Program.
PASSED
AYES 9, NOES 0
NO. 1718
PERMISSION TO PURCHASE DUMP BODIES FOR STREETS
The department of Public Works, Parks & Streets is requesting permission to purchase two (2) Dump truck bodies and Plow frame complete with hydraulics
installed on S 52 & S 53.
Purchase ofthis equipment will fall under extension of contract # 7538 @ $ 44,870.00 ea
Total $ 89,740.00
This will come out of 15050007 - 474100
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 August 12, 2014, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase two (2) dump truck bodies and
plow frame, complete with hydraulics installed, on S 52 and S 53, in the amount of $89,740.00. Funding is available in Account #15050007- 474100.
PASSED
AYES 9, NOES 0
NO. 1719
PERMISSION TO PURCHASE GRAFFITI TRUCK
The department of Public Works, Parks & Streets is requesting permission to purchase one
(1) 3/4 ton full size cargo van for Mayor's impact team for the estimated price of $ 20,013.90
Available funds for this purchase are available in accounts:
34300106 - 445100
35304106 - 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 August 28, 2014, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) 3 /4 ton full size cargo
van for the Mayor's Impact Team, in the amount of $20,013.90. Funds are available in Accounts #34300106-445100 and 35304106 - 445100.
PASSED
AYES 9, NOES 0
NO. 1720
PERMISSION TO PURCHASE
TIRE TRUCK
The department of Public Works, Parks & Streets is requesting permission to purchase one (1) 3/4 Ton Medium duty part time 4 x 4 truck for Tire
Room for the estimated price of
$ 63,574.91
Available funds for this purchase are available in accounts:
34300106 - 445100
35304106 - 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 August
28, 2014, be received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to purchase one (1) % ton
medium duty part time 4 X 4 rick for the tire room in the amount of $63,574.91. Funds for this purchase are available in Accounts #34300106-
445100 and 35304106 - 445100.
PASSED
AYES — 9 NOES — 0
NO. 1721
REQUEST PERMISSION TO ACCEPT DONATION
FROM MOLLYWORLD, INC. FOR IMPROVEMENTS TO
THE HATCH RESTAURANT
Permission is hereby requested from Your Honorable Body to accept donation to be used for improvements to The Hatch Restaurant, a city owned
property located at 1 Harbor Line (aka 329 Erie Street):
Organization Donation Amount
Mollyworld, Inc Design Documents $31,000.00
Your consideration toward this request is greatly appreciated.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Buffalo Police Department, dated August 13, 2014, be
received and filed; and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to accept a donation of
$31,000.00 from Mollyworld Inc. to be used for improvements to The Hatch Restaurant.
PASSED
AYES — 9 NOES — 0
NO. 1722
REQUEST AUTHORIZATION FOR USE OF FUNDS
FROM DASNY TO BUFFALO OLMSTED PARKS
CONSERVANCY FOR BUILDING RENOVATIONS IN
REV. MILK, JR. PARK
Authorization is hereby requested from Your Honorable Body to accept grant funds from the Dormitory Authority of the State of New York awarded
to the Buffalo Olmsted Parks Conservancy to be used for building renovations in Rev. Martin Luther King. Jr. Park:
Grant Project Amount
DASNY #5929 Renovation of Two Buildings $500000
In Rev. MLK. Jr Park
Your consideration toward this request is greatly appreciated.
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 August
13, 2014, be received and filed;
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks, and Streets to accept grant funds in the
amount of $500,000.00 from the Dormitory Authority of the State of New York ( "DASNY ") awarded to the Buffalo Olmsted Parks Conservancy to be
used for building renovations in Rev. Martin Luther King, Jr. Park.
PASSED
NO. 1723
REPORT OF BIDS CITYWIDE CRACKFILLING 2014 GROUP 794
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work material which will be
performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or
less than the total bid.
The following bids were received
Destro & Brothers Concrete Co
411 Ludington Ave
Buffalo, NY 14206
Visone Construction Inc
79 Sheldon Ave
Depew,NY 14043
Base Bid Base Bid + 10% Unit Price Increase
$99,500.00 $109,450.00
$118,000.00 $129,800.00
I hereby Certify that the low bidder for the above project is Destro & Brothers Concrete Company.
I respectfully recommend a contract award in the amount of $109,450.00($99,500.00 — Base Bid + $9,950.00 -10% unit price increase =
$109,450.00- Total Contract Amount). Funds for this contract are available in #13112006 - 443100, and an account(s) to be named at a later date.
The engineer's estimate for this work is $84,780.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders
may withdraw his bid if an award of the contract is not made by September 20, 2014. Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 6, 2014, be received
and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for Citywide Crackfilling
2014 with Destro & Brothers Concrete Company, with a total bid of $109,450.00 (Base Bid of $99,500.00 + 10% unit price increase of $9,950.00 for
a Total Bid of $109,450.00). Funding for this contract is available in Account #13112006 - 443100 and an account(s) to be named at a later date.
PASSED
AYES — 9 NOES — 0
NO. 1724
REPORT OF BIDS — CORRECTION ENGINE 3
HVAC UPGRADES JOB 01402
FILLMORE DISTRICT
I asked for on March 18, 2014, and received the following formal sealed bids for Engine 3 HVAC Upgrades, which were publicly opened and read
on May 6, 2014.
Base Bid
MLP Plumbing & Mechanical, Inc $127,000.00
DV Brown Associates $147,600.00
Colgate Industries No Bid
JW Danforth No Bid
hereby certify that the foregoing is a true and correct statement of all bids received and that MLP Plumbing & Mechanical, Inc., with a Base Bid of
$127,000.00, for a total bid of One Hundred Twenty Seven Thousand and 00/100 Dollars ($127,000.00) is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest
responsible bids. Funding for this project is available in in Account No. 35323106 445100, Account No. 35323206 445100, and Account No.
39320406 445100 - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 12, 2014, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for Engine 3 HVAC
Upgrades with MLP Plumbing & Mechanical, Inc., with a total bid of $127,000.00. Funding for this project is available in Accounts #35323106
445100, 35323206 445100 and 39320406 445100 — Buildings.
PASSED
AYES — 9 NOES - 0
NO. 1725
REPORT OF BIDS & PERMISSION TO HIRE
CONSTRUCTION OF WOMEN'S HOLDING AREA
CITY COURT BASEMENT 50 DELAWARE AVE.
ELLICOTT DISTRICT
The Department of Public Works, Parks and Streets advertised for on July 22, 2014 and received the following sealed bids for the construction of
the Women's Holding Area project, which were publicly opened and read on August 13 2014.
General Construction Base Bid
Scioli Construction $591,000.00
'Spicer Construction $635,000.00
Miller Construction $671,000.00
Hadala Construction $695,000.00
Nichter Construction $917,000.00
'Deemed non - responsive
Electrical Work Base Bid
Frey Electric $441,500.00
Goodwin Electric $510,400.00
CIR Electric $528,900.00
Weydman Electric $532,900.00
Industrial Power & Lighting $538,000.00
HVAC Work Base Bid
Greater Niagara Mechanical $144,400.00
'Leo Roth Corp $170,520.00
JW Danforth Company $171,000.00
Clean Water Mech & Contr NO BID
'Deemed non Responsive
Plumbing Work Base Bid
'Leo Roth Corp $120,990.00
Numarco, Inc $136,000.00
MKS Plumbing $151,000.00
Jim Ando Plumbing $155,700.00
JW Danforth $160,000.00
'Deemed non - responsive
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: Sicoli Construction with a Base Bid of $591,000.00 + 10% contingency ($59,100.00) for a total of $650,100.00
Electrical Work: Frey Electric with a base bid of $441,500.00 + 10% contingency ($44,150.00) for a total of $485,650.00
HVAC Work: Greater Niagara Mechanical with a base bid of $144,400.00 + 10% contingency ($14,440.00) for a total of $158,840.00
Plumbing Work: Numarco Inc. with a base bid of $136,000.00 + 10% contingency ($13,600.00) for a total of $149,600.00
1 hereby request that Your Honorable Body authorize the Department of Public Works, Parks and Streets grant to order on the basis of the lowest
responsible bids. Funding for the project is available in accounts: 13296007- 473020, 34323006 - 445100, and 35325606- 445100.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated September 2, 2014, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the construction of
the Women's Holding Area, City Court Basement, with the following:
General Construction Sicoli Construction, with a total bid amount of $650,100.00 (Base Bid of $591,000.00 + 10% contingency of $59,100.00 for a
Total Bid Amount of $650,100.00.
Electrical Work Frey Electric with a total bid amount of $485,650.00 (Base Bid of $441,500.00 + 10% contingency of $44,150.00 for a Total Bid
Amount of $485,650.00).
HVAC Work Greater Niagara Mechanical with a total bid of $158,840.00 (Base Bid of $144,400.00 + 10% contingency of $14,440.00 for a Total
Bid Amount of $158,840.00).
Plumbing Work Numarco Inc. with a total bid of $149,600.00 (Base Bid of $136,000.00 + 10% contingency of $13,600.00 for a Total Bid Amount
of $149,600.00).
Funding for this project is available in Accounts #13296007- 473020, 34323006 - 445100 and 35325606- 445100.
PASSED
AYES — 9 NOES — 0
NO. 1726
REPORT OF BIDS
KENSINGTON AVE. RESURFACING & REHABILITATION,
EGGERT TO BAILEY
GROUP 793 -C
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be
performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or
less than the total bid.
The following bids were received: Base Bid Base Bid + 10% Unit Price Increase
Destro & Brothers Concrete Co. $1,048,443.75 $1,153,288.13
411 Ludington Ave.
Buffalo. NY 14206
1 hereby certify that the low bidder for the above project is Destro& Brothers Concrete Company.
I respectfully recommend a contract award in the amount of $1,153,288.13 ;$1,048,443. 75 -Base Bid + $104,844.38 - 10% unit price increase =
$1,153,288.13 - Total Contract Amount) . Funds for this contract are available in #37315506 - 44510, #32000006 - 445100 and an account(s) to be
named at a later date.
The engineer s estimate for this work is $1,100,250.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders
may withdraw his bid if an award of the contract is not made by October 11, 2014. Individual bid submissions are available in our office for
inspection and copies are available upon request.
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 August
27, 2014, 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 Kensington Avenue Resurfacing and Rehabilitation of Eggert to Bailey, with Destro & Brothers Concrete Co., with a total bid of
$1,153,288.13 (Base Bid of $1,048,443.75 +10% unit price increase of $104,844.38 for a Total Contract Amount of $1,153,288.13). Funds for this
contract are available in Accounts #37315506 - 445100, 32000006 - 445100, and an account(s) to be named at a later date.
PASSED
AYES — 9 NOES - 0
NO. 1727
REPORT OF BIDS
KLEINHANS MUSIC HALL
ACCESSIBILITY & SAFETY IMPROVEMENTS
JOB #1414
NIAGARA DISTRICT
I advertised for on July 9, 2014 and received the following sealed bids for the Kleinhans Music Hall
Accessibility & Safety Improvements project, which, were publicly opened and read on July 29, 2014.
Base Bid
PICONE CONSTRUCTION $57,900.00
NICHTER CONSTRUCTION $81,000.00
SPICER GROUP $97,000.00
HADALA CONSTRUCTION $124,000.00
MILLER CONSTRUCTION NO BID
I hereby certify that the foregoing is a true and correct statement of all bids received and that Picone Construction, with a Base Bid of $57,900.00,
and a 10% contingency of $5,790.00, for a total bid of Sixty -Three Thousand, Six Hundred and Ninety and 00/100 Dollars ($63,690.00) 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 and Streets to order the work on the basis of the lowest
responsible bid. Funding for this project is available in Account No. 33320106 - 445100 - Buildings.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 12, 2014, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Kleinhans
Music Hall Accessibility and Safety Improvements, with Picone Construction, with a total bid of $63,690.00 (Base Bid of $57,900.00 + 10%
contingency of $5,790.00 for a Total Bid of $57,900.00). Funding for this project is available in Account #33320106 - 445100 — Buildings.
PASSED
AYES — 9 NOES — 0
NO. 1728
REPORT OF BIDS MLK JR. PARK
HUMBOLDT BASIN WATER LINE & CONCRETE REHABILITATION
I advertised for -on August 15, 2014 and received the following formal sealed bid for the MLK Jr. Park - Humboldt Basin Water Line and Concrete
Rehabilitation which were publicly opened and read on August 22, 2014.
Total Bid
Titan Development $275,050.00
8534 Seaman Road
Gasport, New York 14067
1 hereby certify that the foregoing is a true and correct statement of all bids received and that
Titan Development, Inc. with a Total Bid of Two Hundred Fifty Three Thousand Six Hundred and 00/100 ($253,600.00), is the lowest responsible
bidder.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order on the basis of the lowest
responsible bidder. Funding for this project to be named at a later date.
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 August
28, 2014, 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 MLK Jr., Park, Humboldt Basin Water Line and Concrete Rehabilitation, with Titan Development, with a total bid of $275,050.00. Funding for
this project to be named at a later date.
PASSED
AYES — 9 NOES — 0
NO. 1729
REPORT OF BIDS STREETLIGHT REPLACEMENT CITYWIDE 2014 GROUP 806
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be
performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or
less than the total bid.
The following Bids were received Base Bid Base Bid + 10% Unit Price Increase
CATCO $262,775.00 $289,052.50
1266 Townline Rd.
Alden, NY 14004
South Buffalo Electric $284,411.00 $312,852.10
1250 Broadway St.
Buffalo, NY 14212
1 hereby certify that the low bidder for the above project is CATCO.
I respectfully recommend a contract award in the amount of $289,052.50 ($262, 775.00 -Base Bid + $26,277.50 -10% unit price increase =
$289,052.50 - Total Contract Amount. Funds for this contract are available in
# 13116006- 445100 and an account(s) to be named at a later date.
The engineer's estimate for this work is $517,195.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders
may withdraw his bid if an award of the contract is not made by October 11, 2014. Individual bid submissions are available in our office for
inspection and copies are available upon request
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 August
27, 2014, 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 Streetlight Replacement, Citywide, with CATCO, with a total bid of $289,052.50 (Base Bid of $262,775.00 + 10% unit price increase of
$26,277.50 for a Total Bid of $289,052.50). Funding for this project is available in Account #13116006- 445100 and an account(s) to be named at a
later date.
PASSED
AYES — 9 NOES - 0
NO. 1730
REPORT OF BIDS, GROUP #767 -C
VIOLA PARK ISLAND CURB REPLACEMENT & WIDENING
BETWEEN PANSY PI. & DAISY P1.
In obtaining these bids for the above mentioned project, I have asked for unit price covering the various items of work and material which will be
performed. The final cost of the work will be based on the actual measured quantities of materials entering into the work and may be either more or
less than the total bid.
The following bids were received Base Bid Base Bid Plus Base Bid plus Alternate No 1
Alternate No 1 With 10% Unit Bid Increase
Hydrolawn of Buffalo, Inc $122,225.00 $129,525.00 $142,477.50
237 Main Street, Buffalo, NY 14203
Destro & Brothers Concrete Co., Inc. $145.147.60 $143,647.60 $158,012.36
411 Ludington Street, Buffalo, NY 14206
1 hereby certify that the low bidder for the above project is Hydrolawn of Buffalo, Inc.
I respectfully recommend a contract award in the amount of $142,477.50 ( $129,525.00 -Base Bid + $12,952.50 - 10% unit price increase -
$142,477.50 Total Contract Amount) . Funds for this contract are available in #34311806 - 445100, #37315006 - 445100. and /or an account(s) to be
named at a later date.
The engineer's estimate for this work is $140,868.00
The attached is certified to be a true and correct statement of the bid received. Under provisions of the General Municipal Law, any of the bidders
may withdraw his bid if an award of the contract is not made by October 11, 2014. Individual bid submissions are available in our office for
inspection and copies are available upon request.
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 August
27, 2014, 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 Viola Park Island Curb Replacement and Widening, with Hydrolawn of Buffalo, Inc. with a total bid of $142,477.50 (Base Bid of $129,525.00
+ 10% unit price increase of $12,952.50 for a Total Bid of $142,477.50). Funding for this project is available in Account #37315006 - 445100, and /or
an account(s) to be named at a later date.
PASSED
AYES — 9 NOES — 0
NO. 1731
REPORT OF EMERGENCY BID
FILTRATION BUILDING - SOUTH FILTER GALLERY ROOF REPLACEMENT
This is to advise your Honorable Body that we have received emergency bids by invitation on August 28th, 2014 for the South Gallery Roof
Replacement of the Filtration Building. The existing roof and metal end flashing has deteriorated to the point of water infiltration into the building and
requires necessary replacement.
The following bids were received for the project:
1- Grove Roofing Services, Inc. $307,550.00
131 Reading Street, Buffalo, N.Y. 14220
2- Joseph Sanders &Sons, Inc. $298,891.00
PO Box 814, Buffalo, N.Y. 14240
3- Jameson Roofing Co., Inc. $268,600.00
106 Evans Street, Space 2A, Hamburg, N.Y. 14075
4- Progressive Roofing, Inc. $261,000.00
331 Grote Street, Buffalo, N.Y. 14202
Subsequent to the bid opening the bids were reviewed by Corporation Counsel. Corporation Counsel has determined that the lowest
responsible bidder is Progressive Roofing, Inc.
I respectfully recommend that your Honorable Body authorize a contract award in the amount of $ 261,000.00 (base bid) plus $ 26,100.00 (10%
contingency) for a total contract award of $ 287,100.00. The funds are available in a Division of Water account to be
named at a later date.
Mr. Smith moved:
That the above item be, and the above communication from the Department of Public Works, Parks and Streets, dated August 28, 2014, be
received and filed; and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to enter into an agreement for the Filtration
Building, South Filter Gallery Roof Replacement, with Progressive Roofing, with a total bid of $287,100.00 (Base Bid of $261,000.00 + 10%
contingency of $26,100.00 for a Total Bid of $287,100.00). Funding for this project is available in a Division of Water account to be named at a later
date.
PASSED
AYES — 9 NOES - 0
FROM THE DEPARTMENT OF POLICE
NO. 1732
DRUG ASSET FORFEITURE WIRE TRANSFERS
ITEM NO. 104, C.C.P. 2/2/88
11 -dea- 545008 C2 -10 -0002 3,750.00
14 -dea- 589562 C2 -13 -0108 1,507.00
13 -dea- 589890 C2 -14 -0005 6,939.00
DEA TOTAL $12,196.00
The Drug Enforcement Administration (DEA), U.S. Customs and /or the FBI has administratively forfeited the above referenced property. The funds
were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds will
be placed into one or more of the following accounts as deemed necessary by the Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers, Electrical
Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624.
RECEIVED AND FILED
NO. 1733
STATUS UPDATE FROM CITY HALL SECURITY COMMITTEE
ITEM NO. 72, CCP 12/23/13
Attached is a status update from First Deputy Police Commissioner Byron C. Lockwood, Chair of the City Hall Security Committee.
Honorable Members of the City of Buffalo Common Council
Dear Councilmembers:
In accordance with the resolution from your Honorable Body, Item No. 45b, C.C.P. 12/23/13, a Committee consisting of representatives from the
Buffalo Fire Department, United States Department of Homeland Security, Buffalo Board of Education, Buffalo Police Department, F.B.I., Buffalo
Common Council,' and the Mayor's Office was formed to review the security measures currently in place at City Hall and m make recommendations
for improvements to the same.
A major milestone was achieved in acquiring the services of an independent contractor paid for by the U.S. Department of Homeland Security to
perform a "Site Assistance Visit" ( "SAW') to review the security measures currently in place. The confidential sag report was recently received and
is being reviewed by the Committee members.
In the meantime, based on discussions had during the several Committee meetings held to date, the Committee recommends that the following
security measures be adopted immediately to improve the security at City Hall:
(1) Department Heads should require all City Hall employees to wear their City Hall Identification Cards on their outermost garment, which — make it
easier to identify non - employees who may be in areas where they should not be. Department Heads will be held responsible for employee
compliance with tiffs Identification Card visibility policy;
(2) Require City Hall employees to immediately report non - employees they see in areas where they should not be to an on -site security officer or to
the Building Superintendent's Office by calling 311. This includes seeing non - employees anywhere in
74 FRANKLIN STREET / BUFFALO, NY 14202 -4099 / (716) 851 -4444 / www.bpdny.org
City Hall at times outside of the hours of 6AM - 5PM, during which the building is closed to the public;
Access to City Hall on weekends and holidays — be restricted to those employees who have been granted secure access cards to the building. City
Hall is currently open to the public on Saturdays, but there is line to no supervision of those who access the building. This poses a security risk to
individuals within the building, confidential records kept within City Hall, and the building, itself;
Access to City Hall for public meetings held after normal business hours will be strictly limited to the handicap accessible entrance located on South
Elmwood, which will be staffed by an employee who will require all individuals entering and exiting the building to sign in and out,
These small, simple steps are only the beginning of what the Committee anticipates will be major changes to the security measures at City Hall.
However, the Committee believes that even these small steps will result in a safer environment for all elected officials, employees, and visitors to the
building.
We respectfully request your support in implementing these initial steps.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 1734
APPOINT POLICE CAPTAIN(PERM)(LARK)
Appointment effective 07/28/2014 in the Department of Police, Division of Patrol to the Position of Police Captain, Permanent at the Flat Salary of
$85.672.00
Barbara Lark, 3761 Trails End Lane, Wheatfield, NY 14120
Paul K. Mullen, 28 Coolidge Road, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1735
APPOINT POLICE LIEUTENANT(PERM)(MANLEY)
Appointment effective 07/28/2014 in the Department of Police, Division of Patrol to the Position of Police Lieutenant, Permanent at the Flat Salary of
$ 75,526
Richard P. Manley, 34 Dundee Street, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1436
APPOINT POLICE LIEUTENANTS(CONT PERM)(MARASCHIELLO, WALKER, ZIPP, WILLIAMS, ENGLISH)
Appointment effective, July 28, 2014 in the Department of Police, Division of Patrol to the Position of Police Lieutenant, Contingent Permanent at the
flat salary of $75,526.00
Shellie L. Maraschiello, 14 Daughin Drive, Williamsville, NY 14221
Michael R. Walker, 15 Wedgewood Drive, West Seneca, NY 14224
Stephen W. Zipp, 3497 Heathenwood Drive, Hamburg, NY 14075
Darryl D. Williams, 62 Hertel Avenue, Buffalo, NY 14215
Thomas P. English, 4878 John Michael Way, Hamburg, NY 14075
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1737
APPOINT DETECTIVES(PERM)((STEPHANY, NUNANWHITE, MAOLLA, PIEZKA)
Appointment effective July 28, 2014 in the Department of Police, Division of Detective Bureau, Permanent at the Flat Salary of $68,230.00
Adam J. Stephany, 417 Woodside Avenue, Williamsville, NY 14220
Thomas D. Nunan, 214 Tudor Blvd, West Seneca, NY 14220
Marc C. White, 101 Brookside Drive, West Seneca, NY 14224
Michael Maolla, 282 Washington Hwy, Snyder, NY 14226
Christopher D. Plezka, 180 Hollywood Avenue, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1738
APPOINT DETECTIVE(TEMP)(HARRIS)
Appointment effective July 28, 2014 in the Department of Police, Division of Detective Bureau to the Position of Detective, Temporary at the flat
salary of $68,230.00
Pamela J. Harris, 128 Manhattan Avenue, Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1739
APPOINT POLICE OFFICERS(PERM)(TRIPP, MCDANIELS, WILLIAMS, TIRADO, REEVES JR, MOFFETT, ORIFICE, BEYERS, HUNTER,
GANLEY, THREATS, GARLAND, PERILLO, STUTZ, CRESPO, MCCABE, RICE, GODIOS, TAYLOR, TORGALSKI)
Appointment effective August 1, 2014 in the Department of Police, Division of Staff Operations to the Position of Police Officer, Permanent at the
minimum salary of $50,373.00
Brian Tripp, 53 Hansen Avenue, Buffalo, NY 14220
Vivian McDaniels, 146 Fisher Ave, Buffalo, NY 14215
Zachary Williams, 154 Eden Street, Buffalo, NY 14220
Omar Tirado, 189 Oneida Street, Buffalo, NY 14206
Lamar Reeves Jr., 372 Norfolk Avenue, Buffalo, NY 14215
Courtney Moffett, 60 Tuscarora Road, Buffalo, NY 14220
Christopher Orefice, 101 Pierce Street, Buffalo, NY 14206
Laura Beyers, 38 Minnetonka Road, Buffalo, NY 14220
Anquela Hunter, 518 East Amherst Street, Buffalo, NY 14215
Luke Ganley, 53 Dash street, Buffalo, NY 14220
Adrienne Threats, 77 Northampton Street, Buffalo, NY 14209
Tiffany Garlans, 59 Urban Street, Buffalo, NY 14211
Lisa Perillo, 675 Delaware Street # 102, Buffalo, NY 14209
Jennifer Stutz, 52 Shenandoah Road, Buffalo, NY 14220
Ryan Crespo, 491 Colvin Ave, Buffalo, NY 14216
Shawn McCabe, 24 Alleghany Street, Buffalo, NY 14220
Calvin Rice, 203 Hoyt Street, Buffalo, NY 14213
Sean Godios, 84 Stevenson Street, Buffalo, NY 14220
Dennis Taylor, 36 Commonwealth Avenue, Buffalo, NY 14216
Aaron Torgalski, 124 Carlyle Avenue, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 1740
APPROVAL TO EXTEND CONTRACT WITH EZ TAG CORPORATION FOR THE SUPPLY OF AN ELECTRONIC TICKET WRITER SYSTEM
FOR THE CITY OF BUFFALO
Attached for your Honorable Body's review and approval is a contract with EZ TAG Corporation to supply the City of Buffalo's Division of Parking
with an electronic ticket writer system to be used for the issuance of tickets.
The Division of Parking Enforcement is requesting that approval be granted to allow the Commissioner of Parking to execute the attached six month
extension agreement, which will allow for services to continue through March 9, 2015. Such services shall be provided at the rate $0.47 per ticket, all
inclusive.
A Request for Proposal (RFP) for an Automated Hand Held Ticket Writer is being prepared, and will go out by the end of October 2014. In the
meantime, the Division of Parking is requesting that Your Honorable Body approve an extension agreement until a new vendor is selected and
approved.
Thanking you in advance for your prompt consideration to the above request.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of Parking, dated August 28, 2014, be received and filed;
That the Common Council hereby authorizes the Commissioner of Parking to enter into a six (6) month contract extension agreement with EZ Tag
Corporation for the supply of an electronic ticket writer system for the City of Buffalo.
PASSED
AYES — 9 MOES — 0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 1741
FOOD STORE (NEW)
825 BROADWAY (FILLMORE)
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 825 BROADWAY (MUSHTAQ MOHAMED /BROADWAY LUCKY MART INC.) and find that as to form is correct. I have caused
an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the
Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other
applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLA'[JON.
NO. 1742
FOOD STORE(NEW) -595 ONTARIO(NORTH)
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 595 ONTARIO (GULF FOOD MART /KALA TIWARI.) 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 fi'Om 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.
DENIED
NO. 1743
FOOD STORE (NEW)
955 TONAWANDA (NORTH)
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 955 TONAWANDA (ATLANTIC FOOD & TAKE OUT /SAMEER AL- FAQIH.) and find that as to form is correct. I have caused
an investigation into the premises for which said application for a food store license is being sought and according to the attached reports from the
Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other
applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Smith moved:
That the above item be, and the above communication from the Commissioner of the Department of Permits and Inspection Services, dated August
27, 2014, be received and filed; and
That the Commissioner of Permits and Inspections Services is hereby authorized pursuant to Chapter 194 of the City Code to issue a Food Store
License to Sameer AI -Fagih d /b /a Atlantic Food & Take Out located at 955 Tonawanda upon the following conditions:
-Hours of operations shall be: 6am to 11 pm Sunday — Thursday 6am to Midnight Friday and Saturday
-Must have working security cameras inside and outside of the store and must make tapes available upon request
"NO LOITERING" signs to be posted and enforced by store employees
-No spray painted /hand painted or air - brushed signage or graphics on the building
-must have and maintain trash receptacles outside of the store
-No outwardly visible signage advertising tobacco, gambling (Lottery), alcohol
-No selling of loose items, cigarettes, diapers, etc.
-No payphones outside of the store
-No blocking of widows
-All mechanical equipment must be in working order
-Any broken widows must be repaired within 48 hours
-No smoking in the building
-Any graffiti must be removed within 72 hours
-No vehicles parked on the sidewalk
PASSED W /CONDITIONS
AYES — 9 NOES — 0
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY &
URBAN AFFAIRS
NO. 1744
PERMISSION TO AUCTION /SCRAP
P- 1082001 CHEVY BLAZER
BPK -61 1996 CHEVY PU
P -117
2001
CHEVY BLAZER
p -519 -F 2005 FORD CROWN VIC
P- 1842001 FORD
TAURUS
21 Each Street Light Poles with arms Main Street
P -320
2003
FORD TAURUS
30 Each Clam shell Bases
P- 3922003DODGE STRATUS
Luminaires 18 Type A Fixtures, 32 -Type B Fixtures with arms
P -627
2006
FORD CROWN VIC
12 Each Clam Shell Base Doors
P -649
2006
FORD CROWNVIC
35 Plant Hangers
P -657
2006
FORD CROWNVIC
249 -1" x 3" Threaded anchor bolts -1" nuts included
P -658
2006
FORD CROWNVIC
BPK -75 -2002 FORD BUS
P -659
2006
FORD CROWNVIC
P -735
2007
FORD CROWN VIC
P -741
2007
FORD CROWN VIC
P -743
2007
FORD CROWN VIC
P -747
2007
FORD CROWN VIC
P -749
2007
FORD CROWNVIC
P -755
2007
FORD CROWNVIC
P -756
2007
FORD CROWNVIC
P -759
2007
FORD CROWN VIC
P -763
2007
FORD CROWN VIC
P -846
2008
FORD CROWNVIC
P -848
2008
FORD CROWNVIC
P -866
2008
FORD CROWNVIC
P -867
2008
FORD CROWNVIC
P -869
2008
FORD CROWN VIC
P -873
2008
FORD CROWN VIC
P -877
2008
FORD CROWN VIC
P -878
2008
FORD CROWNVIC
P -888
2008
FORD CROWNVIC
P -952
2009
FORD CROWNVIC
Mr. Smith
moved:
That the above item be, and the above communication from the
Director of Purchase, dated August 26, 2014, be received and filed;
That the Common Council hereby authorizes the Director of
Purchase to auction /scrap the following vehicles as they have been determined to be no
longer of use or not
road worthy:
P -108
2001 Chevy Blazer
P -117
2001 Chevy Blazer
P -184
2001 Ford Taurus
P -320
2003 Ford Taurus
P -392
2003 Dodge Status
P -627
2006 Ford Crown Victoria
P -649
2006 Ford Crown Victoria
P -657
2006 Ford Crown Victoria
P -658
2006 Ford Crown Victoria
P -659
2006 Ford Crown Victoria
P -735
2007 Ford Crown Victoria
P -741
2007 Ford Crown Victoria
P -743
2007 Ford Crown Victoria
P -749
2007 Ford Crown Victoria
P -755
2007 Ford Crown Victoria
P -756
2007 Ford Crown Victoria
P -759
2007 Ford Crown Victoria
P -763
2007 Ford Crown Victoria
P -846
2008 Ford Crown Victoria
P -848
2008 Ford Crown Victoria
P -866
2008 Ford Crown Victoria
P -867
2008 Ford Crown Victoria
P -869 2008 Ford Crown Victoria
P -873 2008 Ford Crown Victoria
P -877 2008 Ford Crown Victoria
P -878 2008 Ford Crown Victoria
P -888 2008 Ford Crown Victoria
P -952 2009 Ford Crown Victoria
BPK -61 1996 Chevy Pickup
P -519 -F 2005 Ford Crown Victoria
21 Each Street Light Poles with arms- Main Street
30 Each Clam shell bases
Luminaires 18 -Type A fixtures, 32- Type B fixtures with arms
12 Each claim shell base doors
35 plant hangars
249 1" X 3" threaded anchor bolts — 1" nuts included
BPK -75 2002 Ford bus
PASSED
AYES — 9 NOES - 0
FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL
PROGRAMMING
NO. 1746
ACCEPTANCE OF DONATION TOTAL COST $10,000
The Department of Community Services, Division of Senior Services was awarded a donation from Mr. Russell Salvatore in the amount of $10,000
to allow additional senior citizens to participate in the Mayor's 4" Annual Senior's Pig Roast. This generous donation will help to cover the costs
associated with the event.
Please approve the acceptance of this donation.
Mr. Smith moved:
That the above item be, and the above communication from the Deputy Commissioner of the Department of Community Services, dated August 27,
2014, be received and filed;
That the Common Council hereby authorizes the Deputy Commissioner of the Department of Community Services, Division of Senior Services, to
accept a donation of $10,000.00 from Mr. Russell Salvatore to allow additional senior citizens to participate in the Mayor's 4 h Annual Senior's Pig
Roast.
PASSED
AYES — 9 NOES - 0
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 1746
EXTENSION TO CONTRACT
INQUIRIES, INC.
BACKGROUND INVESTIGATIONS
ENTRY POLICE CANDIDATES
ITEM NO. 29 C.C.P. 12/22/09
Attached for your Honorable Body's review and approval is a contract with Inquiries, Inc. to provide pre - employment background screening to Buffalo
Police Department applicants who were tendered a conditional offer of employment.
The Department of Human Resources is requesting that approval be granted for a retroactive 13 month extension of the City's contract with
Inquiries Inc., and to increase the amount of the contract from $75,000 to $103,185.15. This is an increase of $28,185.05, to cover the cost of
services rendered during the month of April for the Buffalo Police applicants.
An RFP was recently prepared with regard to background screening for the Buffalo Police and Fire Departments. The RFP will be issued by July
31, 2014.
Thanking you in advance for your prompt consideration to the above request.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 1747
CONTRACT APPROVAL FF PSYCH EXAM
The Department of Human Resources /Division of Civil Service respectfully requests authorization from the Common Council to enter into contract with Law
Enforcement Psychological Associates.
The proposed contract will begin as soon as possible.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE ZONING BOARD OF APPEALS
NO. 1748
USE VARIANCE FINDING & DECISION -492 RHODE ISLAND
USE VARIANCE FINDINGS & DECISION
Applicant: Josh Hanzlian
Appeal Concerns Property at the following address:
492 Rhode Island, Buffalo NY 14213
County Tax Map Section: - -- Block Lot
Zoning District Classification: "C1 "- Commercial Neighborhood Business District
Use for which Variance is requested:
For a business not conducted wholly within a building in a "C1" district which includes "Live Music."
Applicable Section of Zoning Code: 511- 28F(2)(a)
Permitted Uses of Property: neighborhood business
TEST: No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship
The following tests must be met for each and every use allowed by zoning on the property, including uses allowed by special use permit.
1. The Applicant cannot realize a reasonable return, as shown by competent financial evidence. The lack of return must be substantial.: No X
Proof: Applicant's business appears to be profitable at present.
2. The alleged hardship relating to the property is unique. (The hardship may not apply to a substantial portion of the zoning district or neighborhood.): No X
Proofs: This particular request has been opposed by both the residence and Councilmember.
3. The requested use variance, if granted, will not alter the essential character neighborhood.: No X
Proof: The character of the surrounding residential dwellings will be all altered, that loitering, discarded garbage and loud noise would have to be dealt with.
4. The alleged hardship has been self - created.: Yes X
Proof: Applicant's business is not failing without the use of the patio and live music.
DETERMINATION OF ZBA BASED ON THE ABOVE FACTORS:
The ZBA, after reviewing the above four proofs, finds:
That the applicant has failed to prove necessary hardship through the application of the four tests required by the state statutes.
0 That the applicant has proven unnecessary hardship through the application of the four tests required by the state statutes. In finding such hardship, The ZBA
shall grants a variance to allow use of the property in the manner detailed below, which is the minimum variance that should be granted in order to preserve and
protect the character of the neighborhood and the health, safety and welfare of the community:
(USE)
RECEIVED AND FILED
FROM THE CITY CLERK
NO. 1749
MAYOR REPORTED OUT OF STATE
Pursuant to Section 4 -4 of the City of Buffalo Charter. I will be out of state on Friday, August 29, 2014 and Saturday, August 30, 2014.
I hereby designate Corporation Counsel Timothy Ball to perform the Mayor's duties in my absence.
RECEIVED AND FILED
NO. 1750
ITEMS RETURNED BY MAYOR WITHOUT APPROVAL /DISAPPROVAL MEETING 7/22/2014
I hereby inform you that the following item which was passed by the Common council on July 22, 2014
No. 1544 Approval of Receipt of Grant Funds Improvement to Curtin Up Alley
No. 1545 Change in Acct Asarese Matter CC Rehab Proj CDBG Funded Yr 38
No. 1546 Change in Contract Broadway Mkt Pkg Garage Reconst -Joint Replacement
No. 1549 Grant of Easement to Niagara Mohawk Power Corp Use of a Portion of 952 Busti -Front Pk
No. 1550 Increase in Contract Cars on Main St -500 Block
No. 1573 Permission to Accept Ten Mobile Computer Terminals from EC
No. 1655 Waive Special Event Permit Fee for the RiverRock Revival Community Picnic
No. 1658 Waive Permit Fees for the 2014 Bflo Infringement Festival
No. 1660 Appointment to Citizen Planning Council(Derby, Vertino)
No. 1664 Special Events Permit Fee Waiver for the Christian Evolution Parade
No. 1665 Special Events Permit Fee Waiver- Garden Beautification Concert
No. 1666 Waiver of Permit Fees for Puerto Rican Day Parade
No. 1667 Bicycle /Pedestrian Advisory Bd Appointment(Smith
No. 1668 Waiver of Special Events Fee for D'Youville College Sch of Pharmacy Annual Picnic
No. 1669 Fee Waiver - Burmese Flag Raising Day
No. 1670 Fee Waiver - PUSH'S Community Concert in the Park
No. 1671 Waive Fees United Liberian Assoc Liberian 167 Flag Day Event
No. 1673 Waiver for Primera Iglesia Metodista Unida's Christian Youth Fair
No. 1676 Waive Event Fees for the South Buffalo School of Music Summer Rock Camp Concert
No. 1678 Waive Event Fees for the Rowin', Throwing'n, Growin' for Cure Kickball Tournament
No. 1679 Waive Park Rental Fees -Drums Along Waterfront
No. 1680 Waive Park Rental and Special Event Fees for Various Events
No. 1682 Waive Permit Fees for the University Heights Arts Assoc Festival 2014
Was presented to the Mayor on July 25, 2014 and returned to the City Clerk on August 4, 2014 without approval or disapproval.
RECEIVED AND FILED
NO. 1751
ITEMS RETURNED BY MAYOR WITHOUT APPROVAL / DISAPPROAL SPECIAL SESSION 7/29/2014
I hereby inform you that the following Item which was passed by the Common Council on July 29, 2014
No. 6 Waiver of Fees "Eid at the Park"
No. 7 Waiver of Fees "Seneca Nation Buffalo Resource Center Summer Camp"
Was presented to the Mayor on July 29, 2014 and returned to the City Clerk on August 4, 2014 without approval or disapproval
RECEIVED AND FILED
NO. 1752
APPLICATION FOR RESTRICTED USE PERMIT -69 W. CHIPPEWA(08 /21 /2014)(ELL)
TAVERN EVENT PERMITTING ENTRY OF PATRON 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.
Name of Applicant Kevin Nightingale Bottoms Up
Business Address 69 W. Chippewa St, Buffalo
Name of Event Sizzling Summer Party
Is this a one -time event
Yes
Date of one -time event
8/21/2014
Number of People Anticipated
100 -150
Start Time ad end time of event
10 pm — 4 am
RECEIVED AND FILED
491 Ontario
NO. 1753
APPLICATION FOR RESTRICTED USE PERMIT -69 W. CHIPPEWA(08 /28/2014)(ELL)
TAVERN EVENT PERMITTING ENTRY OF PATRON 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.
Name of Applicant Kevin Nightingale Bottoms Up
Business Address 69 W. Chippewa St, Buffalo
Name of Event End of Summer Party
Is this a one -time event
Yes
Date of one -time event
8/28/2014
Number of People Anticipated
100 -150
Start Time ad end time of event
10 pm — 4 am
RECEIVED AND FILED
491 Ontario
NO. 1754
BOARD OF ETHICS MEETING MINUTES JUNE 2014
Minutes
Wednesday June 18, 2014
Members in Attendance: Douglas Coppola, James Magavem, Mary Scarpine (on behalf of Tim Ball/Cavette Chambers), Gerald Chwalinski, Eleanor Paterson,
Richard Sullivan, and Elizabeth Flamed. Guest: Mary H. Baldwin, Deputy City Clerk
Quorum
New Business:
1) An advisory opinion was requested by Reden & O'Donnell; regarding David Martz & Jeremy Martz, Assessors with the Dept. of Assessment & Taxation
regarding part time nights /weekend employment at Aurora Real Estate Appraisal Services. After reviewing Cavette Chamber's advisory opinion, Jim, Richard,
Mary Scarpine, and Doug weighed in. Mr. Roger Pigeon has withdrawn his name from the City vendor list. Per Doug, this matter requires more factual
exploration to determine Mr. Pigeon's role going forward as well as the scope of services to be performed by David Martz & Jeremy Martz. Jim made the motion
that a small counsel committee be appointed by the Chair in order to contact all of the parties involved, gather information & report at the next BOE meeting.
Motion passed.
2) Transactions Disclosure was submitted by Deputy Mayor Grant. On 5/28/14, she attended San Antonio, TX for the Nat'l League of Cities Mayors' Education
Policy Advisors Network Conference. Travel expenses were paid by Nat'l League of Cities; received and filed.
Old Business:
1 ) Cavette to draft a revised Transactions Disclosure form to add clarity for future travel purposes regarding expenses. Cavette will update this upon her August
return.
2) The amendment of the City Code (Section 12 -24) with reference to the Board's jurisdiction a year after an employee's separation of service with the City was
presented to Clerk's office. Councilmember Joseph Golombek Jr. sponsored it. The ordination amendment was approved on May 27, 2014 by Common Council.
Approval ofthe May 6, 2014 minutes.
Next meeting is scheduled for Wednesday, July 23, 2014. Meeting is adjourned.
RECEIVED AND FILED
NO. 1755
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the New York State Division of Alcohol Beverage Control Board.
Address Business Name Owner's Name
211 south Park
Ballyhoo
Timothy Stevens
13 E. Mohawk
JJ's Casa Di Pizza
Casi Di Pizza
256 Allen
MG Public LLC
MG Public LLC
491 Ontario
Flying Bison Brewing
Robert Cooley
277 Amherst St
277 Amherst St
Ronald Szczepaniak
1063 -1065 Grant St
Showplace Buffalo
Ana Wheeler
56 W. Chippewa
Bacchus Restaurant
Brian Mietus
716 Swan
Larkin Square
Joseph Petrella
3076 Bailey
All Star Sports Bar
Joseph Bush
547 Elmwood
Village Beer Merchant
Melvin Weston
1535 Hertel
Village Beer Merchant
Melvin Weston
RECEIVED AND FILED
NO. 1756
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- Sharon Anderson, Edwin Garris, Michael Bauer, Adam Wigdorski, Daniel Owczarczak, Craig Lehner, Ellen Taylor. James Wozniak. Robert Delaney,
Courtney Moffett, Linda McDonald, Christopher Mendola
RECEIVED AND FILED.
NO. 1757
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. 1758
APPOINT ASSISTANT LEGISLATIVE AIDE II (CASILLAS)
Certificate of Appointment
Appointment Effective July 23, 2014 in the Department of Common Council Division of City Clerk to the Position of Assistant Legislative Aide II Unclassified
Exempt Flat Starting Salary of $31,397
Gabriel Casillas, 101 Plymouth Avenue, Buffalo 14201
ADOPTED
NO. 1759
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Smith moved the approval of the appointments to the position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment Effective August 7, 2014 in the Department of Common Council Division of Ellicott District to the Position of Intern IN Unclassified Non-
competitive Flat Starting Salary of $12.66
Darren King, 679 Best Street, Buffalo 14211
NO. 1760
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 July 28, 2014 in the Department of Public Works, Parks & Streets Division of Building to the Position of Laborer II Seasonal, Non-
competitive Flat Starting Salary of $12.66
Dwain Laws, 427 Cornwall Avenue, Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective August 11, 2014 in the Department of Public Works, Parks & Streets Division of Building to the Position of Laborer II Seasonal, Non-
competitive Flat Starting Salary of $12.66
Tyron Hoskin, 875 Northland Avenue, Buffalo 14215
Certificate of Appointment
Appointment Effective August 28, 2014 in the Department of Public Works, Parks & Streets Division of Building to the Position of Laborer II Seasonal, Non-
competitive Flat Starting Salary of $12.66
Blake Mack, 254 Cambridge Avenue, Buffalo 14215
NO. 1761
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 July 21, 2014 in the Department of Public Works, Parks & Streets Division of Water to the Position of Meter Reader, Temporary, Open -
competitive Minimum Starting Salary of $23,553
Michael Cordero, 1222 Bailey Avenue, Buffalo 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective July 24, 2014 in the Department of Public Works, Parks & Streets Division of Water to the Position of Chemist, Provisional, Open -
competitive Minimum Starting Salary of $42,252
Jasmine Holmes, 63 Godfrey St, Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective August 4, 2014 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Service Adjuster,
Permanent, Open- competitive Minimum Starting Salary of $36,724
Jeanne M. Scanlon, 363 Downing St. Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective August 11, 2014 in the Department of Public Works, Parks & Streets Division of Water to the Position of Water Meter Mechanic,
Provisional, Open- competitive Minimum Starting Salary of $24,184
Perrin G. Leftwich, 210 Stockbridge Avenue, Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective August 11, 2014 in the Department of Public Works, Parks & Streets Division of Streets to the Position of Truck Driver, Provisional,
Open- competitive Minimum Starting Salary of $23,553
Andre R. Betts Sr., 246 Shirley Avenue, Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective July 21, 2014 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Cement Finisher, Permanent,
Non - competitive Minimum Starting Salary of $23,553
William Pacheco, 184 Minnesota Avenue, Buffalo 14214
CERTIFICATE OF APPOINTMENT
Appointment Effective August 4, 2014 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Associate Account Clerk,
Permanent, Open- competitive Minimum Starting Salary of $35,026
Kathryn Mann, 98 Treehaven Rd, Buffalo 14215
Lisa Lockwood, 51 W. Cleveland Dr. Lower, Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective July 11, 2014 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Recreation Instructor, Permanent,
Competitive Starting Salary of $38,280
William Doll, 152 Whitfield, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective July 21, 2014 in the Department of Public Works, Parks & Streets Division of Parks to the Position of City Forester, Provisional, Open -
Competitive Minimum Starting Salary of $51,396
Ross W. Hassinger, 96 Starin Avenue, Buffalo 14214
CERTIFICATE OF APPOINTMENT
Appointment Effective August 11, 2014 in the Department of Public Works, Parks & Streets Division of Parks to the Position of Community Recreation Aide,
Temporary, Open- Competitive Minimum Starting Salary of $34,402
Vanico El -Amin, 170 Hagen St. Lower, Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective July 14, 2014 in the Department of Permits and Inspections Division of Inspections to the Position of Building Inspector, Temporary,
Appointment Minimum Starting Salary of $33,304
Sean Sullivan, 297 W. Delavan Avenue, Buffalo 14213
CERTIFICATE OF APPOINTMENT
Appointment Effective August 4, 2014 in the Department of Permits and Inspections Division of Inspections to the Position of Laborer II, Permanent,
Appointment Minimum Starting Salary of $30,335
John Caputo, 317 Fargo Avenue, Buffalo 14213
CERTIFICATE OF APPOINTMENT
Appointment Effective August 11, 2014 in the Department of Police Division of Commissioner's Office to the Position of Police Surveillance Camera Monitor,
Provisional, Appointment Minimum Starting Salary of $23,130
Joseph Jones, Jr. 395 William Street, Buffalo 14201
CERTIFICATE OF APPOINTMENT
Appointment Effective August 1, 2014 in the Department of Police to the Position of Head Janitor, Permanent, Appointment Minimum Starting Salary of $31,858
Kelly Derfert, 77 Cable Street, Buffalo 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective August 25, 2014 in the Department of Public Works, Parks & Streets Division of Building to the Position of Architect Temporary, Open -
competitive Minimum Starting Salary of $51,396
Brain Swartz, 105 Pawnee Pkwy, Buffalo 14210
CERTIFICATE OF APPOINTMENT
Appointment Effective September 1, 2014 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Supervisor of Waterway
& Bridge Maintenance, Provisional, Open- competitive Minimum Starting Salary of $40,911
Daniel Maloney, 368 Whitfield Avenue, Buffalo 14220
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 1762
BFLO ENV MNGT COMM- PROPOSED MEETINGS RE COKE RELATED AIR POLLUTION
Buffalo Environmental Management Commission
Proposed community and Common Council meetings for residents of Black Rock, Riverside and other west side communities affected by Tonawanda Coke
related air pollution
In March of 2014, the Tonawanda Coke Corporation was sentenced by the U.S. Federal Court to pay over 312 million to the Research Foundation for SUNY on
behalf of UB to fund two research studies, a soil sample study and a health study. Currently, this decision is under appeal and the timeline to resolve this appeal is
uncertain. As the two research teams continue to proactively plan and refine the details of each study, we are seeking collaboration and engagement with key
stakeholders in the community.
The purpose of this memorandum is to formally request to be added to the agenda of an upcoming Common Council or Community Development Committee
meeting. Buffalo City leaders are essential stakeholders in the environmental health and well -being of community citizens. We respectfully request to present a
brief overview of each study with a question and answer period for Common Council and Mayor or designated staff. Then, we would like to discuss organization
of a community meeting in Councilmember Golombek's district.
We look forward to the possibility of a close collaboration with City leadership and would be happy to address your questions or concerns. Please email me with
any questions.
Health Study Research Team
Jessica Cashier, PhD, RN
Assistant Professor
UB School of Nursing
Soil Sample Research Team
Joseph A. Gardella, Jr. PhD
SUNY Distinguished Professor and
John and Frances Larkin Professor of Chemistry
Matthew Bonner, PhD, MPH Jackie James - Creedon
Associate Professor, School of Public Health Citizen Science Community Resources
and Health Professions
James Olson, PhD Michael Milligan, PhD
UB Distinguished Professor, Professor of Chemistry
UB School of Public Health and Health Professions SUNY College at Fredonia
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1763
BFLO WTR BD REPORT -JULY 2014
Copy available for Review in the City Clerk's Office
RECEIVED AND FILED
NO. 1764
G. MELE- CONCERNS CURB CUTS AND DRIVEWAYS
I am a Tax Payer of Duluth Ave in the City of Buffalo who would like to voice my concern on public record regarding curb cuts and driveways.
Parking is a significant issue in the City of Buffalo. The compact lot sizes, closely space houses, and small yards make it difficult to accommodate automobiles.
Residents typically utilize a combination of on street and off street parking depending upon the type and age of house, as well as neighborhood and family size.
Problems arise when residents convert their front yard into a parking area or create additional curb cuts to city property for a wider driveway. This negatively
affects the urban streetscape and reduces on- street parking
A space that was once useable to everyone in the neighborhood is now used only by one house, or perhaps an area that once parked two to three cars is reduced to
accommodate only one car. Many families have multiple ears and on street parking is already a problem, especially on Duluth Avenue.
Unfortunately, I experienced a curb cut on my street in July. The homeowner started construction without the approval of the City on 7/9/2014. It wasn't until I
called 311 on 7/10/2014 that this situation was addressed and the permit was not applied for until 7/23/2014. I would hope the City would regulate curb cuts to
ensure they are done properly and ensure the public's safety. This was not the case at all
Buffalo needs to preserve on street parking and eliminate residential curb cuts. A community makes ides and laws to protect the effects of individual greed.
Buffalo needs to move towards ides and laws to protect the needs of the community and taxpayers
Think about the extreme case- if everyone had one of these curb cuts there would be no sidewalk and no street parking on the entire block. This may be convenient
for some owners but definitely not all. If you allow one tax payer to break a curb then you have to allow all tax payers which would eventually affect our
community.
Thank you for your consideration with this matter.
RECEIVED AND FILED AND REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 1765
LP CIMINELII -BOARD PACKET DOCUMENTS - AUGUST 2014
Attached are the following documents from the Joint Schools Construction Board meeting scheduled on August 4, 2014:
1. Agenda
2. Meeting Minutes from JSCB Meeting dated May 9, 2014
3. Phase III Application and Certificate for Payment No. 66 - July 2014
4. Phase V Application and Certificate for Payment No. 54 - July 2014
5. Fully Executed Phase III Application and Certificate for Payment No. 65 - March 2014
6. Fully Executed Phase V Application and Certificate for Payment No. 52 - March 2014
7. Fully Executed Phase V Application and Certificate for Payment No. 53 - April 2014
8. Compliance & Administrative Services of New York Compliance Monitoring Monthly Report for Phase V Final Closeout Projects - May 2014
9. Compliance & Administrative Services of New York Compliance Monitoring Monthly Report for Phase V Final Closeout Projects - July 2014
RECEIVED AND FILED
NO. 1766
K. HANDERA- APPEAL PRESERVATION BD DECISION -LA FITNESS -69 DELAWARE(ELL)
LA Fitness @ Buffalo, NY Sign Rendering Revised Dated 5/15/2014, Icon Identity Solutions
Enclosed for your review and approval is the color sign rendering package for the above referenced Fitness International lease site. We will notify you if changes
to this rendering are required as a result of the technical audit and/or permitting restrictions.
Icon Identity Solutions, on behalf of Fitness International, is appealing the Buffalo Preservation Board's decision, dated Thursday, March 27, 2014, 3:00pm, 901,
CITY HALL. Also enclosed, you will find the "Action Agenda, Meeting No. 601" dated Thursday, March 27, 2017.
If any additional documents or appeal information is required, please contact me directly at 847.631.3155 for all submittals.
Thank you
Katelyn Handera
Project Manager
icon Identity Solutions
1418 Elmhurst Road, Elk Grove Village, IL 60007
T 847.631.3155 C 909.560.6915
khanderaAiconid.com www.iconid.com
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1767
M. HERBOLD- CONCERNS PEACE BRIDGE AUTHORITY
Judge Fahey's 1998, NYS Supreme Court decision forbade the PBA from segmenting Peace Bridge and plaza expansion into smaller projects. Segmentation is
exacting what the Common Council is allowing by not insisting on environmental review & justice for constituents and by affirming projects without proper
environmental review.
"The Plotting PBA" recording outlines a conspiracy to defraud the public at Governor Cuomo's behest. The "Cuomo Troika" within the PBA (Sam Hoyt, Tony
Masiello, & Maria Lehman) intent is to "brainwash" the public regarding their projects intent, scope, health and safety impacts. The desired result is no legally
required unbiased environmental reviews or lawsuits. In fact, there has never been a complete and legitimate environmental review of any PBA project.
The Common Council of Buffalo is participating in this fraud. It would be naive to believe the Common Council was deceived repeatedly. For example, they
waived the 24 hour notification rule for a special session for the state's Betterment Plan which made public input impossible before the vote. Council Members
Smith, Pridgen and Rivera orchestrated this. They know the environmental review is deficient, the "Cuomo Trioka" has nothing to fear from the Common
Council.
Neither does the GSA which abruptly terminated investigation into Peace Bridge pollution, in February of this year, GSA officials refused to testify before the
Common Council. Despite the bluster about issuing subpoenas, nothing happened. Now the reason why is very apparent — `Plotting at the Peace Bridge'.
The same applies to the PBA as a whole. After years of pleading before the Common Council to help save a historic neighborhood, the community helplessly
watched as the PBA tore down 7 historic houses on Busti Ave. which go back to Buffalo's founders. Now residents look at a wimpy shrub berm. Where was the
outrage from the Common Council? Except for Councilman Golombek, there was no attempt to even address violations of segmentation or environmental impact.
The community once again was met with silence.
The Brown administration is also complicit in this fraudulent program. Mayor Brown & the Law Department are unwilling to come to the aid of the CC, historic
preservation, the environment or citizens. The Brown administration is more interested in pleasing Cuomo's political agenda than in protecting citizens. But this
default reality does not eliminate the possibility of all corrective actions- Other Common Councils have subpoenaed and sued when necessary.
Next on the PBA agenda is the demolition of historic, Episcopal Church Home to create a "stone lot ". Taxpayers paid $4.7 million for a property worth 1.7
million. Cuomo intends to give this dearly bought land to a supra - international entity which does not comply with NYS law. Empire State Development
Corporation rejected two viable alternatives to redevelop the property and return it to the tax role. Offers that were kept 'secret' until the Investigative Post broke
the story. Another missed opportunity while Mayor Brown remained silent.
The taxpayers are paying the Episcopal Church Homes delinquent taxes after they intentionally abandoned the property. Additional estimates for the site work &
demolition range from $3 -14 million. So, a bit under 20 million oftaxpayer cash for a stone lot which has no planned use. Demolition bids have been accepted.
The environmental review was completed in a vacuum void of Common Council or community input. Can you say "misuse of public funds "?
Ask Sam Hoyt as I did: "..-there are no plans, there are no drawings, there is no plaza expansion, no duty free.." and yet, the Governor himself has publicly
pledged to expand the Peace Bridge no matter what. Why isn't the Common Council screaming about "segmentation" before the state destroys this historic icon?
Why is the Common Council refusing to use Judge Fahey's court order to stop the illegal segmentation? The law is on your side. What's in it for them? Perhaps,
we should ask the Council Member whose family is buying up property adjacent to PBA owned land and directly across from the state owned Episcopal Church
complex.
My suggestions to the Common Council:
1. Man up! Act like you represent us.
2. Shelve the Common Council etiquette of acquiescing to the individual district council member when critical issues such as environmental impacts are involved.
3. Hire lawyers, use Judge Fahey's court order to save the Episcopal Church Home, stop the segmenting, insist on legitimate environmental review. Sue as
necessary.
4. Subpoena the GSA. If they don't come, get warrants and send cops to get them.
5. Ask Preet Bharare, District of Southern NY Federal Prosecutor to investigate the overpayment of tax dollars for the ECH and "Cuomo Trioka" conspiracy to
circumvent environmental justice laws. PBA receives federal highway funds and this misrepresentation equals failure to comply with federal environmental law.
Additionally, the state likely violated the National Environmental Policy Act by jumping the gun with final design work before environmental approval
And tell Sam Hoyt & the Cuomo's shills their "brainwashing" days are over.
The Common Council has to decide whether they are working for the citizens of Buffalo or for Emperor Cuomo,
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1768
S.HOYT- COMMENT CONCERNING NYSDOT GATEWAY PROJECT
Dear Council Member Golombek:
I write to apologize on behalf of myself and others who were quoted in the local press about the NYSDOT Gateway Project. Please accept this letter as an apology
for my use of the word "brainwash" at the April 25 - PBA Board Meeting.
In retrospect, I believe the situation resulted from my misspeaking and then quickly correcting a poor choice of words, it has been our goal to meet with, educate,
communicate and provide information to many stakeholders in an effort to help them understand the importance of the NYSDOT Gateway Project. In addition,
there was never any attempt, as has been reported in the press, to bypass the Common Council in any way. In fact, any resolution requiring Council action was
submitted by NYSDOT to the Mayor's Office and City Corporation Counsel.
In short, this is an extremely complicated project that involves many government entities. While some have attempted to characterize it as controversial, in fact the
project meets its stated purpose and need by providing advantages to all constituencies including neighbors and those who use the bridge. Counter to what some
have claimed, I can assure you that all applicable federal and state laws and regulations were followed. In fact, in many cases the project went well beyond what is
required by law to satisfy concerns raised in the community.
Again, I am sorry for what happened. If you would like to continue this conversation, please feel free to call me at 716 846 8250.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1769
C. FRANKLIN — ISSUES CONCERNING EDUCATION IN BUFFALO
I ask that you call this special session of the Education Committee of the Common Council to show the citizen of Buffalo how the Education Committee responds
to an issue such as the presentment of the School Budget to the citizens of Buffalo before its adoption.
Buffalo is one of the top 5 poorest cities within the United States, and Government relations between the poor, disadvantaged, and powerless has been ineffective
on behalf of the service providers. So WE challenge you Demone Smith! We challenge you to take action on not only the behalf of your district residents. But also
on behalf of the total population of Buffalo!
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 1770
C. FRANKLIN- CONCERNS EDUCATION SYSTEM IN BUFFALO
THE MARY TALBERT WOMENS MOVEMENT
To whom this may concern:
Here in the city of Buffalo N.Y. we are faced with an educational crisis that impacts the cities advancement as a World Class Municipality.
We have a Parents Organization ofthe Buffalo Public Schools that has exposed the many dys- functions within the Education system, and has spearheaded the
development of solutions that would combat such dysfunctions. One of the issues that we present before this body for action is the presentment of the Buffalo
Public Schools budget before the citizens of Buffalo N.Y. before its adoption.
Here it is we live in a society that was founded on the principle of no taxation without representation and we have a state government that chose to adopt a law that
prohibits its citizens from voting on budgetary issues that directly have an impact on the local community. So we ask that the following be acted upon about this
issue in a timely fashion:
1. Considering the history ofthe Buffalo Public Schools regarding graduation rates for Black Males, we would like for this Education Committee to hold a
meeting to discuss how we should approach notifying and educating the citizens of Buffalo about this opportunity.
2. We would like for the Education Committee to contact the Public Relations Dept. ofthe Buffalo Board of Education, for the purpose of figuring out the best
way to inform the Parents ofthe children ofthe BPS. Either by way of Robo Calling or Direct Mail, so that they are notified of this issue properly.
3. We would like for the Mayor along with the DPCC, to hold a public meeting receiving questions and explaining the many implications of this law.
4. We would like for the Mayors Office along with the Common Council to draft a joint resolution supporting the enclosed Bill Number:A7568 asking for the
school budget to be submitted to the citizens of Buffalo before it is adopted and send it to the state legislature for disposition.
5. Along with the joint resolution we ask the above persons to ask for a report detailing the history and status of such Bill Number: A7568 from the state
legislature.
In conclusion, I pray that this body moves to respond to the issues contained in this letter,
Thank You!
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 1771
N. HARE - INFORMAITON AND GOALS RE EDUCATION FORUM
Buffalo Common Council Education Committee Forum4: Return to Neighborhood Schools
Copy available for review in the City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 1772
F. REDD JR -A VISION FOR BFLO PUBLIC EDUCATION FUNDING STIPULATION FOR BPS
Dear Councilmember Smith:
Parental engagement is the cornerstone for the educational experience and the basis for operation of an educational system. As a parent (member ofthe first and
primary educational interest group), I am committed to facilitate the education of my children while promoting educational opportunities for all children through
finding areas of agreement to produce a coherent strategic plan for the residents ofthe City of Buffalo.
Home schooled students are district students. Parents of home schooled students are required to annually notify the District of their intent to facilitate their
children's education. The student is to receive a district letter at the completion of their compulsory education or not be eligible for federal financial aid.
Home schooled students are also the rightful beneficiaries ofthe intent ofthe Mission Statement ofthe Buffalo Public Schools:
( http: llwww .buffaloschools.orgldistrict.cfm ?subpage =68)
• To ensure that every student will have the confidence, knowledge, thinking skills, character and hope to assume responsibility for her /his life and
contribute to the lives of others; and
• we will champion excellence and innovative learning experiences in partnership with family and community; and
• we will hold ourselves accountable for educating our students and for working to energize all members ofthe community to actively participate in the
accomplishment of our mission.
I request the following:
• District Letter - Implement a third party administrative process to assure the timely and proper generation ofthe "district letter" for each homeschooled
student completing their compulsory education.
• Bus Pass /ID - Each registered home schooled student to receive a district provided transportation pass that also serves as school related identification.
• Academic Resources - District provided funding in proportion to the direct classroom and academic cost per student to be made available for parents to
direct for memberships to cultural arts institutions, curriculum licensing fees, physical fitness /health facilities and/or services, technology related resources
including WIFI and historic entities within the geographic footprint ofthe district.
• "SAY YES" says "NO" to Home Schooled Students, "Unequal Treatment" - Establish a side -fund proportionate to the funding for Say Yes originating
from the City of Buffalo allocation.
• Bridge the Digital Divide - Education Committee /Buffalo City Council to financially support Municipal WIFI.
• Self Directed Education Facilitator Service - At the charter school rate, fund a pre -BPS allocation capital pool which is third party administered, to pay
for facilitation of cyber based kindergarten to diploma curriculum or in- district cyber academic enrichment
• Administration - The economic value for the above referenced be set aside from the BPS allocation with a third party custodian for disbursement and
accountability.
• Education Committee Roll Call Vote - The Education committee, within its authority, instruct, guide or require the Common Council to fund an
educational trust per home school student equal to the charter school rate for educational related expenses inclusive and not limited to curriculum,
cultural arts resources, physical fitness and technology related services.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 1773
D. SMITH -BTF CHARTER SCHOOL STUDY
I would like to file that attached information for the next Common Council meeting to be held on Tuesday, September 2, 2014.
Thank you.
BUFFALO TEACHERS FEDERATION
CHARTER SCHOOL STUDY
EXECUTIVE SUMMARY
Copy available for review in the City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 1774
J. NILL- REQUEST USER FEE PAYMENTS BE APPLIED TO ACCOUNT
My July 1, 2014 bill indicates an outstanding balance of $77.29 which apparently includes interest and late fees - attached is a printout for the last year showing
that all payments were made and he dates processed by the bank -please post all payments to my account and send me proof of a corrected bill
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS, THE DEPARTMENT OF ADMINISTRATION AND FINANCE
AND THE OFFICE OF CITIZEN SERVICES
NO. 1776
NYSDEC - BROWNFIELD CLEANUP PROGRAM -193 SHIP CANAL PARKWAY(SOUTH)
New York State Department of Environmental Conservation
Receive Site Fact Sheets by Email. See "For More Information" to Learn How.
'Who to Contact"
Below
193 Ship Canal Parkway
Buffalo, NY 14218
Draft Investigation Work Plan for Brownfield Site
Available for Public Comment
The public is invited to comment on a draft work plan being reviewed by the New York State Department of Environmental Conservation (NYSDEC)
to investigate the 193 Ship Canal Parkway site ( "site ") located at 193 Ship Canal Parkway, Buffalo, Erie County. Please see the map for the site
location. Documents related to the cleanup of this site can be found at the location(s) identified below under "Where to Find Information."
Draft Investigation Work Plan
The draft investigation work plan, called a "Remedial Investigation Work Plan," was submitted to the NYSDEC under New York's Brownfield
Cleanup Program. The investigation will be performed by the Buffalo Urban Development Corporation ( "applicant(s) ") with oversight by the
NYSDEC and the New York State Department of Health ( NYSDOH).
How to Comment
NYSDEC is accepting written comments about the draft investigation work plan for 30 days, from August 1, 2014 through September 1, 2014. The
proposed plan is available for review at the location(s) identified below under "Where to Find Information." Please submit comments to the NYSDEC
project manager listed under Project Related Questions in the "who to Contact" area below.
Highlights of the Proposed Site Investigation
The investigation will define the nature and extent of contamination in soil, surface water, groundwater and any other parts of the environment that
may be affected.
Next Steps
NYSDEC will consider public comments, revise the plan as necessa13r, and approve the work plan. NYSDOH must concur with the plan. The
approved work plan will be made available to the public (see "Where to Find Information" below), and the activities detailed in the work plan will be
implemented.
When the investigation is completed, a report will be prepared and submitted to the NYSDEC to summarize the results. NYSDEC will review the
report, make any necessary revisions and, if appropriate, approve the report.
After the investigation, a cleanup plan, called a "Remedial Work Plan" will be developed. The cleanup plan will include an evaluation of the proposed
site remedy, or recommend a no action or no further action alternative. The goal of the cleanup plan is to ensure the protection of public health and
the environment. NYSDEC will present the proposed cleanup plan to the public for its review and comment during a 45 -day comment period.
NYSDEC will keep the public informed throughout the investigation and cleanup of the site with periodic updates such as this fact sheet.
Background
Location:
The 193 Ship Canal Parkway site is located in the Buffalo Lakeside Commerce Park, the recently redeveloped former location of the Hanna Furnace
iron foundry, on the southern boundary of the City of Buffalo, near IVY State Route 5 and the Union Ship Canal. The site is located on the southeast
corner of Ship Canal Parkway and Hanna Drive.
Site Features:
The site includes numerous piles of construction and demolition debris. There is also a dry pond, several feet deep, excavated in 2004 to accept
groundwater pumped from the excavations dug to install the sewers and other utilities for the commerce park.
Current Zoning and Land Use:
The site is currently inactive and located in a district currently zoned for heavy industrial use. The nearest residential area is approximately 0.5 miles
south of the site, off of Ridge Road in the City of Lackawanna. Two nearby parcels in the commerce park were redeveloped under the Brownfield
Cleanup Program and are occupied by manufacturing facilities (Certainteed, Site #C915185 and Cobey, Site #C915202). A third parcel, the Hanna
Furnace Subparcel 3 site ( #B00164) was remediated under the Environmental Restoration Program and is a municipal park.
Past Use of the Site:
Until 1980, the site was once part of the raft yard that serviced the Hanna Furnace iron foundry and was the area in which the pig iron was often
stored. The foundry and rail yard were constructed on what was previously marsh land that had been backfilled with steel and iron slag, presumably
for other foundries in the Buffalo /Lackawanna area. This backfill material and prior use as a rail yard appear to have led to the site contamination.
The Hanna Furnace iron foundry was once identified by the NYSDEC as a potential inactive hazardous waste disposal site (site #915029),
However, a 1995 Preliminary Site Assessment determined that no hazardous waste was present.
Site Geology and Hydrogeology:
Previous investigations found fill material up to 12 feet thick covering the entire site. The fill material consisted of salty sand, gravel, and slag. A layer
of peat, 0.5 to 1 foot thick was found beneath the fill. A dark gray clay and silt was located beneath the native peat layer. Investigation of other sites
in the commerce park encountered weathered shale bedrock at depths ranging from 22 to 46 feet below ground.
There were no groundwater monitoring installed within the boundaries of the site, but other investigations nearby suggest that groundwater in the soil
and fill flows towards the north and northwest.
Additional site details, including environmental and health assessment summaries, are available on NYSDEC's website at: http./
/ www. dec. nY. g— v/ cfmx/ extapps/ derexterna—/— az /detai— s.c— n ?paaeid= 3 &pr— gn — =C9 — 52 4—
Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminatec properties known
as "brownfields" so that they can be reused and redeveloped. These uses may include recreation, housing, business or other uses.
A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination.
RECEIVED AND FILED
NO. 1776
NYSDEC - BROWNFIELD SITE CONTAMINATION 129 HOLDEN ST
Remedy Proposed for Brownfield Site Contamination;
Public Comment Period Announced
The public is invited to comment on a proposed remedy being reviewed by the New York State Department of Environmental Conservation
(NYSDEC) to address contamination related to the 129 Holden Street Redevelopment site ( "site ") located at 129 Holden Street, Buffalo, Erie
County. Please see the map for the site location. Documents related to the cleanup of this site can be found at the location(s) identified below trader
"Where to Find Information."
Based on the findings of the investigation, NYSDEC in consultation with the New York State Department of Health (NYSDOH) has determined that
the site does not pose a significant threat to public health or the environment.
How to Comment
NYSDEC is accepting written comments about the proposed plan for 45 days, from August 20, 2014 through October 3, 2014. The proposed plan
is available for public review at the location(s) identified below under "Where to Find Information." Please submit comments to the NYSDEC project
manager listed under Project Related Questions in the "Who to Contact" area below.
Draft Remedial Work Plan
The cleanup plan is described in more detail in the reports entitled "Draft Remedial Investigation & Alternatives Analysis Report dated August 2014
and Draft Remedial Action Work Plan dated August 2014 ". The proposed remedy consists of: a. Excavation:
Excavation and off -site disposal of approximately 2,500 cubic yards of significantly impacted soil or fill with metals and polycyclic aromatic
hydrocarbons (PAHs) typically found in soils approximating 4 -5 feet below ground surface.
Removal of approximately 736,000 square feet of asphalt and sub -base and their reuse under roads or parking areas.
• After removal of asphalt and sub -base, excavation of approximately 30,000 cubic yards of soil /fill in the southern portion of the site(approximate 2
foot depth) and its relocation to the
northern portion of the site.
b. Cover System:
• In general, placement of a demarcation layer and two feet (minimum) of clean soil will be placed over the entire site. c. Institutional Control:
• Institutional Controls including an Environmental Easement with controls for groundwater use and limiting Site use to restricted residential,
commercial or industrial use subject to local municipal approval;
• Restrictions to build on slabs only (no basements);
• Implementation of a Site Management Plan that includes provisions for a Site -wide inspection program to assure the institutional /engineering
controls (IC /ECs) have not been altered and remain effective; d. Site Management Plan:
• Excavation Work Plan to assure that future intrusive activities and soil /fill handling at the
Site are completed in a safe and environmentally responsible manner;
• Maintenance of the site cover system.
The proposed remedy was developed by Highland Park Village, LLC ( "applicant(s) ") after performing a detailed investigation of the site under New
York's Brownfield Cleanup Program (BCP).
Summary of the Investigation
• The soil and groundwater conditions at the site were investigated during Phase II and a Remedial Investigation. Based upon the investigations, the
primary contaminants of concern are metals and polycyclic aromatic hydrocarbons (PAHs) which are related to the fill materials.
• No significant groundwater contamination was found in on -site monitoring wells.
Next Steps
NYSDEC will consider public comments, revise the plan as necessary, and issue a final Decision Document. New York State Department of Health
(NYSDOH) must concur with the proposed remedy. After approval, the proposed remedy becomes the selected remedy. The draft Remedial Work
Plan is revised as needed to describe the selected remedy, and will be made available to the public. The applicant(s) may then design and perform
the cleanup action to address the site contamination, with oversight by NYSDEC.
NYSDEC will keep the public informed throughout the investigation and cleanup of the site.
Background
Site Location: This site is the former Central Park Plaza and is located at 129 Holden Street in the City of Buffalo. The site borders with Bennett
Village Terrace residences on the north, Manhattan Ave. and United States Post Office on the east, Holden Ave. on the west and Central Park
Avenue on the south. The site is located in a mixed residential and commercial area.
Site Features: This approximately 27 acre site contains one small building and the remainder of the site is vacant. The site perimeter is completely
fenced. The vacant area of the site contains foundations of the demolished Central Park plaza buildings, parking lots, and grassy areas. There are
piles of crushed concrete from the demolished buildings and clean soil fill brought to the site.
Current Zoning /Use(s): The site is located within the commercial zoning district. Surrounding adjacent areas are zoned for residential and
commercial use,
Past Use of the Site:
From 1877 to 1948, the Buffalo Cement Company operated this site as a rock quarry. In 1958 the site was developed by Central Park Shopping
Center, Inc. In addition to shopping stores, other businesses such as auto repair, photographic processing, and dry cleaning also occupied the
Central Park Plaza. The site has been vacant since July 2011. Four of the five vacant plaza buildings were demolished in 2012.
Site Geology and Hydrogeology:
The overburden soils encountered at the site consist of various fill materials and native soils. The fill materials consist of fractured limestone, slag,
sands, ash, non - native silty clay, and gravels. The depth of overburden is approximately 5 to 19 feet below ground surface. The bedrock consists of
Onondaga Limestone or Berttie Limestone depending on location relative to historic quarry operations. The groundwater flows in a northerly
direction.
Additional site details, including environmental and health assessment summaries, are available on NYSDEC's website at:
http: / /www.dec. ny_.g— v/ cfmx/ extapps/ derexterna—/ haz/ detai— s.c— n ?pa.geid= 3 &pr— gn—= C915261
Brownfield Cleanup Program: New York's Brownfield Cleanup Program (BCP) encourages the voluntary cleanup of contaminated properties known
as "brownfields" so that they can be reused and redeveloped. These uses include recreation, housing, business or other uses.
A brownfield is any real property that is difficult to reuse or redevelop because of the presence or potential presence of contamination.
For more information about the BCP, visit: http: / /www.dec.nv.aov /chemical /8450.html
RECEIVED AND FILED
NO. 1777
R. SHATZ- DETERMINATION OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT
The New York State Urban Development Corporation d /b /a Empire State Development ( "ESD ") has completed its environmental review of the
Former Episcopal Church Home Abatement, Demolition and Stabilization (the "Project ") pursuant to the New York State Environmental Quality
Review Act ( "SEQRA "). Attached is the final Full SEQRA Environmental Assessment Form (EAF) Parts 1, 2 and 3 and the completed
Determination of Significance for the Project. Please note that Attachment 6, a disc of the Phase I Environmental Site Assessment, was previously
included with the distribution of the Lead Agency Notice and Part 1 of the EAF in mid - March, and therefore, is not included again with this
distribution.
Comments or questions regarding the Project should be directed to:
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1778
SEQRA- POSITIVE DECLARATION 3 GATES CIRCLE
Notice of Intent to Prepare a Draft GEIS
Determination of Significance
Date June 17, 2014
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review Act) of the Environmental Conservation Law.
The City of Buffalo Planning Board, as lead agency, has determined that the proposed action described below may have a significant impact on the
environment and that a Draft Generic Environmental Impact Statement will be prepared.
Name of Action: Gates Circle Redevelopment
SEQRA Status: Type 1 X
Unlisted
Scoping: No [] Yes X [] If yes, indicate how scoping will be conducted:
Project Sponsor TM Montante Development, LLC and Gates Circle Holdings, LLC (the "Project Sponsor ") is submitting a draft Scoping Document
following the guidelines listed at 6 NYCRR 617.8(t'). The Scoping Document has been prepared by C &S Engineers, Inc.
Description of Action:
TM Montante and the Episcopal Church Home and Affiliates ( "ECI -IA ") are seeking to redevelop the former Millard Fillmore Gates Circle Hospital
site in Buffalo, New York and adjacent properties as a mixed -use retail, commercial and residential development (the "Project "). The centerpiece of
the development will be ECHA's Continuing Care Retirement Community known as Canterbury Woods.
The Project will involve demolition of some or all of the existing hospital complex buildings and construction of six new buildings, some of which will
be entirely residential and others of which will contain retail outlets, offices and /or other services and amenities on the lower floors with residential
units above. Total square footage for all buildings will be approximately 940,000 square feet, with approximately 485 total residential units.
Location: (Include street address and the name of the municipality /county. A location map of appropriate scale is also recommended.)
The Project is located at 3 Gates Circle, 1277 Delaware Avenue and 1275 Delaware Avenue in Buffalo, New York,
3220055 -2
Reasons Supporting This Determination:
The Action has been determined to be a "Type 1" action pursuant to 6 NYCRR 617:4(b)(6). Because of the scope of the proposed Action, the
Project Sponsor has agreed with the Lead Agency that the Project may involve potentially significant adverse impacts. The potentially significant
adverse impacts from the Project include traffic impacts, parking impacts, noise impacts, construction impacts, neighborhood impacts and impacts
to infrastructure /utility services. These potential impacts, and others, were presented to the Lead Agency by the Project Sponsor on June 17, 20t4 in
a draft Scoping Document, which the Lead Agency accepted on that date. As a result, the Project Sponsor will be producing a Draft Generic
Environmental Impact Statement studying the individual and collective impacts of the proposed Project undertaken as part of the Action.
For Further Information:
Contact Person: Martin Grunzweig.
Address: Mayor's Office of Strategic Planning, City of Buffalo, 901 City Hall, 65 Niagara Square,
Buffalo, NY 14202
Telephone Number: (716) 851 -5085
A copy of this notice must be sent to:
Department of Environmental Conservation, 625 Broadway, Albany, New York 12233 -1750
Mayor Byron Brown, City of Buffalo
Any person requesting a copy
All Involved Agencies
The Applicant
Environmental Notice Bulletin, 625 Broadway Albany NY 12233 -1750
REFERREO TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1779
D. SMITH -D. INGALLS RESULTS PAINKILLERS KILL PUBLIC AWARENESS CAMPAIGN
Dear Councilmember Smith:
I am pleased to send you the enclosed whitepaper which details the results of the Painkillers Kill public awareness campaign.
As a result of the campaign, almost 40 percent of area residents took some type of preventive action, such as disposing of opiates in their medicine
cabinets speaking to their children or friends about painkillers, or making a different choice when offered Opiates.
BlueCross BlueShield of Western New York led the community -wide initiative to raise awareness of the danger of painkiller addiction, educate
people, and provide access to help. Over 50 partners came together in less than six months to launch the campaign last October, committing more
than $3 million in media and other resources.
The whitepaper outlines the components of the campaign in addition to the media advertising, including:
A continuing medical education course on opioid addiction attended by 250 health care professionals A 30- minute documentary on the problem
produced by WNED that aired on all local TV stations Assemblies at middle and high schools with curriculum plans
A public art project that includes portraits of young people who have died from opiates, to put a face on the opiate epidemic
Information cards distributed at pharmacies, doctors' offices and schools with a website and hotline for help
We are gratified by the community response to this campaign. If you have questions or would like additional information, please contact me.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
PETITIONS
NO. 1780
E. VOGAN, AGENT, USE 1341 KENSINGTON -NEW OWNER FOR AN EATING & DRINKING ESTABLISHMENT IN KENSINGTON BAILEY
BUSINESS DISTRICT (HRG 9 /9)(UNIV)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 1781
A. SUM LIN, OWNER, USE 976 ELMWOOD FOR A SIT IN RESTAURANT WITH AN
OUTDOOR CAFE
(DEL)(HRG 09/09)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 1782
M. LE, OWNER, USE 520 ELMWOOD TO OPEN AN EXISTING RESTAURANT IN THE E1MWOOD AVE
SPECIAL ZONING DISTRICT
(NIA)(HRG 09/09)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 1783
B. STRASZAK, AGENT, USE 447 MAIN FOR A FREESTANDING SIGN
(NO HRG)(ELL)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 1784
D. BOERGERS, AGENT, USE 25 DEPOT, TO ERECT A V- SHAPED GROUND SIGN
(FILL)(NO HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 1785
R. NC WYATT —V JOHNSON -& OTHERS - AGAINST MCCARTHY PARK PRACTICE FIELD QUALITY OF LIFE
Please refile - Petitions from WM Price Pkwy Residents
Residents Against McCarthy Park Practice Field Quality of Life Petition
Petition Background (Preamble):
We the neighbors of the William Price Parkway Block Club are opposed to the increased traffic and noise levels brought about by use of the
practice field at McCarthy Park. The practice field is situated in such a way as to Infringe upon the quality of life for residents of William Price as a
whole, in particular the residents at 119, 125 and 131 William Price parkway, As the practice field has become an increasingly popular site for
practice and play by little league and collegiate level soccer, lacrosse and football the car traffic and noise levels have significantly increased. '
The practice field ends less than 10 feet from the home at 131 William price parkway. The noise from balls hitting the chain link fence, coaches and
players yelling whistles blowing and participants hooting reverberates through the backyards and homes of residents at the south end of the block.
Car traffic speeds up a once quiet and small street where children play in the streets creating the potential for a deadly incident-
The noise levels we feel are in violation of the city of Buffalo e Code 36 which states in part that the Common Council determines that persons within
the city limits are entitled to have maintained noise levels which are not a detriment to life, health, welfare and enjoyment of property.
Specific acts constituting unreasonable noise under chapter 293 -4 sec G include yelling, shouting or hooting at anytime or place so as to annoy or
disturb the quiet, comfort and repose of a reasonable person of normal sensitivities,
We the residents are not opposed to the increased use of parkland. We are opposed to the seeming disregard for the residents ability to enjoy their
private property both indoors and out. We are opposed to the Increased traffic which brings about concern for the welfare of our children who for
years have been able to play street hockey, baseball and other games in the street without fear of incident.
As an alternative we the residents of William Price Parkway are requesting that the City of Buffalo and Medaille college move the practice field to the
south west corner of the park which is near the basketball courts. This is an unused parcel of parkland situated off of Amherst Street. There would
be no encumbrance upon any residential areas and includes ample parking space.
Petition:
We the undersigned residents of William Price Parkway would like to bring to your attention the quality of life issues surrounding the Practice Field
at McCarthy Park. We request the practice field be moved to the southwest corner of the park near the basketball courts. The practice field is
currently situated less than 10 feet from residential property at 131 William Price parkway.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
REGULAR COMMITTEES
CIVIL SERVICE
(RASHEED N.C. WYATT, CHAIRPERSON)
NO. 1786
APPOINT ASSISTANT TO ASSESSOR(PROV)(3 STEP)(CAUFIELD)(ASSESS)
CCP# 1641 14 -07/22
Mr. Wyatt moved:
That Communication 1541 of July 20, 2014, be received and filed and that the Provisional Appointment of Mary Caufield, 84 Shenandoah Road,
Buffalo NY 14220 at the 3 d Step of $33,415.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 1787
APPOINT ASSOCIATE TAX CLERK( TEMPORARY )(3 - STEP)(WOLNIEWICZ)(ASSESS)
CCP# 1542 14 -07/22
Mr. Wyatt moved:
That Communication 1542 of July — 2014, be received and filed and that the Temporary Appointment of Mary Beth Wolniewicz, 88 Hayden Street,
Buffalo NY 14210 at the 3 a Step of $39,040.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 1788
APPOINT COMPUTER OPERATOR(PERMANENT)(5TH STEP)(EDWARDS)(MIS)
CCP# 1543 14 -07/22
Mr. Wyatt moved:
That Communication 1542 of July 22, 2014, be received and filed and that the Permanent Appointment of Richele Edwards. 70 Manhart St, Buffalo.
NY 14215 5th Step of $45.267.00 is hereby approved.
PASSED
AYES- 9 NOES- 0
NO. 1789
APPOINT ACCOUNTANT (PROVISIONAL)(MAX)(BELTON)(PW)
CCP# 156914 -07/22
Mr. Wyatt moved:
That Communication 1569 of July 22, 2014, be received and filed and that the Provisional Appointment of Teresa Belton- 583 Spring St, Buffalo, NY
14204 Maximum Salary of $45,961.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 1790
APPOINT ASSISTANT ENGINEER( PERMANENT)(INTER)(PECORARO)(PW)
CCP# 1570 14 -07/22
Mr. Wyatt moved:
That Communication 1570 of July 22, 2014, be received and filed and that the Permanent Appointment of Phillip Peeoraro, 318 Holly St., Buffalo,
NY 14206 at the Intermediate Salary of $48,656.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 1791
APPOINT WATER SERVICE WORKER( TEMPORARY )(INTER)(SOBOCINSKI)(PW)
CCP# 1571 14 -07/22
Mr. Wyatt moved:
That Communication 1571 of July 22, 2014, be received and filed and that the Permanent Appointment of
Jason Sobocinski, 348 Gold St, Buffalo, NY 14206 at the Intermediate Salary of $26,199.Oo is hereby
approved.
PASSED
AYES - 9 NOES. 0
NO. 1792
APPOINT DEPUTY POLICE COMMISSIONER (EXEMPT)(BEATY)(POL)
CCP# 1574 14 -07/22
Mr. Wyatt moved:
That Communication 1574 of July 22, 2014, be received and filed and that the Exempt Appointment of Kimberly L. Beaty, 7 New Southgate, Buffalo,
NY 14215 at the Flat Salary of $105,247.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 1793
NOTICES OF APPOINTMENTS - TEMP /PROV /PERM(CTY CLK)
CCP# 169107/22
Mr. Wyatt moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(RICHARD A. FONTANA CHAIRMAN)
No. 1794
EXPIRATION OF AGREEMENT BTWN COB AND BURA FOR HUD FUNDS(COMPT)
CCP# 14,1536 07/22
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
NO. 1795
ORDINANCE AMENDMENT -CH 175 ENUMERATION OF FEES -PARKS & OPEN SPACES
CCP# 14 -1520 07/08
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
LEGISLATION
(CHRISTOPHER P. SCANLON, CHAIRMAN)
NO. 1796
USED CAR DEALER - 1353 EAST DELAVAN (LOV)(DPIS)
(ITEM NO. 1581, C.C.P., JULY 22, 2014)
Mr. Scanlon 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 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 Armen Ayrapetov d /b /a E. Delavan Auto Sales & Repair Inc., located at 1353 East
Delavan upon the following conditions:
1) No storage of tires outdoors
2) No storage of junk vehicles on property more than 10 days
3) No storage of vehicles that are not ready for sale for more than 10 days
4) No signage hanging on fencing
PASSED /COND
AYES 9, NOES 0
NO. 1797
K. SCRITCHFIELD, AGENT, TO USE 41 COLUMBIA TO ERECT A BILLBOARD ON A POLE (FILL)(DPIS)
(ITEM NO. 1613, C.C.P., JULY 22, 2014, 2014)
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval;
That the Common Council hereby approves the application of K. Scritchfield, Agent, to erect a billboard on a pole located at 41 Columbia subject to
the condition that the billboard not exceed 20' in height.
PASSED /COND
AYES 9, NOES 0
NO. 1798
C. ANDERSON, OWNER, TO USE 1096 ELMWOOD A/K /A 1098 ELMWOOD TO OPEN AN EXISTING RESTAURANT
AND ALTERATIONS TO THE FACADE IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT (DEL)(DPIS)
(ITEM NO. 1615, C.C.P., JULY 22, 2014)
Mr. Scanlon 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- 56D(1) of the City of Buffalo Code, the Common Council hereby approves the application of C. Anderson, Owner, to
open an existing restaurant under new ownership, and increase parapet height and facade alterations to a one -story masonry restaurant located at
1096 Elmwood a /k/a 1098 Elmwood in the Elmwood Avenue Special Zoning District
PASSED /COND
AYES 9, NOES 0
NO. 1799
A. ALI, OWNER, TO USE 1000 ELMWOOD FOR CONVERSION OF A BANK TO A RETAIL STORE WITH TAKEOUT IN THE
ELMWOOD AVENUE BUSINESS DISTRICT (DEL)(DPIS) (ITEM NO. 1616, C.C.P., JULY 22, 2014)
Mr. Scanlon moved:
That the above item be, and the same hereby is, returned to the Common Council with a recommendation for approval;
Mr. Scanlon moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO. 1800
M. ROBBINS, AGENT, USE 905 DELAWARE FOR A FREE STANDING SIGN(NO HRG)(ELL)
(C.C.P #14 -1617, JULY 22)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1801
M. ROBBINS, AGENT, USE 916 DELAWARE FOR A FREE STANDING SIGN(NO HRG)(ELL)
(C.C.P #14 -1618, JULY 22)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1802
PREVENT HUB METHADONE CLINIC ON VIRGINIA ST(EXC 1 ST & 2 ND RES)(FRANCZYK)
(C.C.P #14 -1410, JUNE 24)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1803
SEQR- PROPOSED INSTALLATION OF COMM TOWER -523 & 535 NORTHAMPTON (ELL)(STATT PLAN)
(C.C.P #13 -4, SEPT 3)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO 1804
P. LYTLE- SUPPLEMENT TO APPLICATIONS BY T- MOBILE FOR INSTALLATION OF COMMUNICATION
TOWER LOCATED AT 523 AND 535 NORTHAMPTON( #77,7/23) (C.C.P #13 -89, SEPT 3)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1805
PHILLIPS LYTLE, LLP- APPLICATION BY T MOBILE FOR INSTALL OF COMMUNICATIONS
TOWER -523 & 535 NORTHAMPTON ST (ELL)( #59,5/14) (C.C.P #13 -93, SEPT 3)
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1806
A. WAITERS, AGENT, USE 535 NORTHAMPTON TO ERECT A 90' MONOPOLE CEIL TOWER (EII)(HRG 5/21)
(C.C.P. #13 -61, MAY 14)
That the above item be and hereby is referred to the Common Council without a recommendation:
Mr. Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO. 1807
FLEA MARKET- 145 BUFFALO RIVER (SOUTH) (DPIS)
(ITEM NO. 42, C.C.P., JULY 9, 2014)
Mr. Scanlon moved:
That the above item be, and the same hereby is returned to the Common Council with a recommendation for approval;
That pursuant to Chapter 254 of the City of Buffalo Ordinance, the Commissioner of Permits and Inspection Services be, and hereby is authorized
to issue a Flea Market license to Scott O'Connor d /b /a Silo Fleas, doing business at 145 Buffalo River.
PASSED
AYES 9, NOES 0
RESOLUTIONS
NO. 1808
BY: MR. FONTANA
INCREASED APPROPRIATION
That pursuant to Section §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Community Services - Contractual Services be and the same are hereby increased in the
sum of $353,100. The amount of increased appropriation will be met from increased revenue in the account titled Fund Balance, not otherwise
appropriated for any other purpose. That the comptroller be and hereby is authorized and directed to increase the revenue estimate for the account
to meet this increased appropriation as set forth below:
From:
10700096- 397206 Reserve for Emergency Medical Services $353,100
To;
12142007 - 474100 Emergency Medical Services — Equipment $353100
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1809
BY: MR. FONTANA
ORDINANCE AMENDMENT -CH 175 - RESIDENTIAL USER FEES
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 -55 to read as follows:
§216 -55
Residential user fees
Annual Fee
Fixed cost; $118.86
plus
Variable cost
35- gallon tote
$26.50
65- gallon tote
$43.93
95- gallon tote
$51.38
Residential vacant lot
$10.65
Late charge, per quarter
$ 7.45
Bulk Trash (Pick & Pay): $105.00 minimum charge for the first four
cubic yards (12 feet long by three feet high by three feet wide):
$25.00 for each additional cubic yard or portion thereof.
[Pick'n' Pay (bulk trash): $81.00, four cubic yards (12 feet long by three feet high by three feet wide)]
§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
Corporation Counsel
BY: ALAN P. GERSTMAN
Assistant Corporation Counsel
NOTE: Matter underlined is new, matter in [brackets] is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 1810
BY: COUNCILMEMBER FRANCZYK
SET PUBLIC HEARING ABANDONMENT AND SALE RESULTS OF NEGOTIAOTNS OF A PORTION
OF JEFFERSON AVENUE RIGHT OF WAY 50' WIDE BY 99' TO SENECA HAMBURG LLC
WHEREAS: The City of Buffalo, Office of Strategic Planning, Division of Real Estate has received a request from Creative Structures, Mr. David
Pawlik, on behalf of Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and
approved by the Office of Strategic Planning to purchase a 50'x 99' portion of Jefferson Avenue Right of Way; and
WHEREAS: Mr. Pawlik on behalf of Seneca Hamburg, LLC. has agreed to pay $9,900.00 for a 50'x 99' portion of the Jefferson Avenue Right of
Way; and
WHEREAS: The abandonment /sale and results of negotiations have been submitted to the Common Council for approval, in accordance with
Article 27.5 of the City Charter, pending a Public Hearing; and
WHEREAS: In accordance with standard abandonment procedures, it requires a five day notice of a public hearing to be marked "Notice of
Hearing" with reference to such change in the official map and shall be published at least once in an official publication of said city or in a
newspaper of general circulation therein.
NOW, THEREFORE, BE IT RESOLVED:
That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later than the
10th day of September 2014; and.
Be it further resolved:
That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council Chambers on
the 16th of September 2014.
ADOPTED
NO. 1811
BY: COUNCILMEMBER FRANCZYK
APPROVAL OF THE ABANDONMENT AND SALE RESULTS OF NEGOTIATIONS OF A PORTION OF
THE JEFFERSON AVENUE RIGHT OF WAY 50' WIDE BY 99 TO SENECA HAMBURG, LLC
WHEREAS: The City of Buffalo, Office of Strategic Planning, Division of Real Estate has recommended that the Common Council approve the
abandonment and sale of a 50' x 99' portion of the Jefferson Avenue Right of Way (located at the south terminus of Jefferson Avenue, south of
Myrtle and currently serves as a portion of the public right of way) to Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to
be designated by Seneca Hamburg, LLC and approved by the Office of Strategic Planning and
WHEREAS: Creative Structures, Mr. David Pawlik, on behalf of Seneca Hamburg, LLC commissioned Mr. Gregory Klauk, Appraiser, and he has
estimated the fair market value of the portion of Jefferson Avenue Right of Way to be $9,900. The City of Buffalo Appraisal Review Board has
reviewed the appraisal and concurs with the Appraiser's estimates of value in the amount of $9,900.00; and
WHEREAS: The City Clerk has published a Notice of Public Hearing, as required by Chapter 21, Article 3, Section 29 of the General City Law.
NOW, THEREFORE, BE IT RESOLVED:
That at after the public hearing is held and providing there are no significant objections, that the City of Buffalo, Office of Strategic Planning, Division
of Real Estate, in accordance with Article 27, Section 27 -5 of the City Charter is authorized to abandon and sell a 50' x 99' portion of the Jefferson
Avenue Right Of Way to Seneca Hamburg, LLC and /or a corporation partnership, or other legal entity to be designated by Seneca Hamburg, LLC
and approved by the Office of Strategic Planning in the amount of $9,900.00. Seneca Hamburg, LLC and /or a corporation, partnership, or other
legal entity to be designated by Seneca Hamburg, LLC and approved by the Office of Strategic Planning has also agreed to pay for all costs
associated with the abandonment and sale and transfer of title including but not limited to transfer tax, recording fees and cost to file the deed and
any necessary easements.
The abandonment and sale of a portion of the Jefferson Avenue Right Of Way is subject to the following conditions:
1. Your Honorable Body refer this matter to the City of Buffalo Planning Board and providing that the Planning Board recommends and approves the
abandonment and sale of the subject portion of the Jefferson Avenue Right of Way (approximately 50' wide x 99' long), located at the south terminus
of Jefferson Avenue, south of Myrtle and currently serves as a portion of the public right of way (street).
2. In accordance with standard street abandonment procedures, it will be necessary for Your Honorable Body to set a date for a public hearing and
to direct the publication of a five day notice of said hearing to be marked "Notice of Hearing" Said hearing shall be conducted at 2:00 P.M. in the
Council Chambers on the 16th of September, 2014.
In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution
together with a Notice of Public Hearing for your action.
Forwarded separately but attached hereto are the following documents:
a. Resolution setting Public Hearing
b. Notice of Public Hearing
c. Resolution approving proposed transfer
3. Providing there are no significant objections voiced or raised at or from the public hearing to be scheduled, published and held by the Common
Council, and further providing that Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca
Hamburg, LLC and approved by the Office of Strategic Planning agrees to create, preserve and /or protect the City's utility lines and all other utility
lines and /or easements, as necessary, near and within the area to be sold all in writing and as determined to be satisfactory in the sole discretion of
the Corporation Counsel's Office.
4. Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the
Office of Strategic Planning agrees to grant easements near and within the area to be sold as determined to be advisable in the discretion of the
Corporation Counsel's Office., including but not limited to easements for Water, Gas, Verizon /Time Warner. Seneca Hamburg, LLC and /or a
corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the Office of Strategic Planning shall
submit said easements to the City of Buffalo and any affected utility company and other interested persons /entities for review. The terms and
conditions of the proposed easement agreements shall be negotiated to finalization and subject to review and approval of the Department of Public
Works, City of Buffalo Corporation Counsel's Office and any Utility Company and other interested persons /entitles that may be affected or impacted.
5. That the Department of Public Works is kept apprised of the construction project and that the Department of Public Works monitors the progress
of any right of way concerns or issues, if and when they should arise,
6. Seneca Hamburg, LLC and /or a corporation, partnership, or other legal entity to be designated by Seneca Hamburg, LLC and approved by the
Office of Strategic Planning agrees to address any right of way and utility concerns or issues, if and when they should arise, to the satisfaction of
the Department of Public Works and the Corporation Counsel's Office,
7. The official granting of the easement interests over, under and near the public right of way being sold will generally not become effective until the
deed reserving easements rights and /or easement agreements creating and conveying the easement interests are filed in the Erie County Clerk's
Office, and
8. That the official closing /abandonment of the right of way to be sold will not become effective until the deed conveying title to the property is filed in
the Erie County Clerk's Office.
This Honorable Body further hereby:
1. Authorizes the Mayor to execute all the necessary documents including but not limited to the deed in order to effectuate transfer of title of the
portion of Jefferson Avenue described in Exhibit A (such deed to be in form and substance acceptable to the Corporation Counsel's Office and to
include standard indemnity and release as to all site and environmental conditions).
2. Authorizes pertinent City personnel to enter into such agreements and to take such steps and actions as shall be reasonably necessary to
achieve the purpose and objectives of the deed conveyance and easement agreements and arrangements, and
3. Authorizes the Mayor and other pertinent City personnel to take all such steps and actions and to execute and or develop, negotiate and process
the necessary documents, agreements and /or modifications thereto as shall be reasonably necessary to facilitate and implement the reserved
easements with the sale property (and easement interests near the sale property) for the benefit of the City (and for the benefit of the pertinent
associated utilities and other persons /entities where appropriate such as but not limited to the Buffalo Water Board and etc.) all as are determined to
be appropriate by the Corporation Counsel.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 1812
BY: MR. FRANCZYK
REVOKE OASAS METHADONE CLINIC APPROVAL
WHEREAS: On August 20, 2014, over the objections of the Buffalo Common Council, Erie County Legislature and Erie County Health
Commissioner, the New York State Office of Alcoholism and Substance Abuse ( OASAS) granted a conditional approval to the PROMESA
organization of the Bronx, to operate a Part 822 -5 chemical dependence opioid treatment service at the Hispanics United of Buffalo (HUB) facility at
254 Virginia Street; and,
WHEREAS: OASAS granted the conditional operating certificate based on certain findings, including the patently false assertion that PROMESA
conducted "more than 60 community meetings held to discuss this proposal;" and,
WHEREAS: There is no evidence of any kind that PROMESA conducted any such meetings in Buffalo, nor is there evidence that the HUB
organization held these meetings, despite the unsubstantiated and clearly false statements made by the HUB director as reported in the Buffalo
News to the contrary; and,
WHEREAS: This form of unethical duplicity is clearly contrary to Federal Guidelines for Opioid treatment mandating community outreach, input and
stigma reduction as a "necessary operational element" prior to granting approval for this kind of treatment; and,
WHEREAS: Substance Abuse and Mental Health Services Administration approval for "medication- assisted treatment for opioid addiction providers
must demonstrate effective community relations and stigma- reduction efforts," which was never done; and,
WHEREAS: Rather than meeting these legal requirements, HUB arrogantly attempted to circumvent these mandates by "sneaking" the Methadone
clinic under the radar screen, which triggered tremendous disruption and opposition from residents, citizens groups, block clubs and other
organizations in the adjacent community; and,
WHEREAS: A large peaceful, public demonstration was held in front of HUB offices on Virginia Street on August 22, 2014, protesting HUB's failure
to hold meaningful public meetings, as required by law; and,
WHEREAS: Because the OASAS conditional approval was to the Bronx -based PROMESA organization, HUB will function as "landlord," reaping in
windfall rent monies of an estimated $8,000 a month, all without following required regulations. In the meantime, the methadone client windfall profits
will flow to PROMESA in the Bronx; AND,
WHEREAS: The City of Buffalo, citizens and community groups adjacent to HUB are supportive of the worthy aim of assisting and curing
substance abuse addicts, but are offended by the uncommunicative, arrogant, underhanded and likely illegal manner in which PROMESA /HUB
foisted this program on an unsuspecting neighborhood, which is additionally not the best location for such a program;
NOW THEREFORE BE IT RESOLVED:
That the Common Council request that the New York State Office of Alcoholism and Substance Abuse Services ( OASAS) rescind the Conditional
Operating Certificate #C250721852 for The Puerto Rican Organization to Motivate, Enlighten, and Serve Addicts Inc. ( PROMESA) to operate a Part
822 -5 chemical dependence, opioid treatment service at the Hispanics United of Buffalo (HUB) facility at 254 Virginia Street in Buffalo;
BE IT ALSO RESOLVED:
That OASAS reject the Conditional Approval to PROMESA based in part of the on the demonstrably untrue statement of "The significant community
outreach of PROMESA as evidenced by the more than 60 community meetings held to discuss this proposal," when the only known meeting on this
issue was held at the request of the VETTE block club in response to a "rumor" that HUB was proposing a methadone clinic on the site. There is no
evidence, in fact, that PROMESA or HUB, called for a meeting about the methadone clinic at any time, but rather presented a "fait accompli" to the
community;
BE IT FINALLY RESOLVED:
That the New York State elected officials representing the area, Senator Timothy M. Kennedy and Assemblyman Sean Ryan, state their opposition
to this project and use their power to attempt to convince OASAS to revoke the conditional methadone license for PROMESA at 254 Virginia Street.
ADOPTED and REFERRED TO OASAS
NO. 1813
SPONSOR: NORTH DISTRICT COUNCILMEMBER JOSEPH GOLOMBEK
WAIVE EVENT FEES FOR THE MOONLIGHT PADDLE EVENT ON HOYT LAKE
Whereas: The Moonlight Paddle event will take place on August 24, 2014; and
Whereas: The event will include an illuminated parade of canoes and rowboats, illuminated by Japanese lanterns which will cast long reflections
across the water; and
Whereas: The event is open to the public and makes use of the Hoyt Lake area of Delaware Park.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo waives the special event and permit fees associated with the 2014 Moonlight Paddle event at Hoyt
Lake on August 24, 2014; and
Be it Finally Resolved:
That a copy of this resolution be forwarded to the Department of Public Works, Parks and Streets and the Department of Special Events.
PASSED
AYES 9, NOES 0
NO. 1814
SPONSOR: NORTH DISTRICT COUNCILMEMBER JOSEPH GOLOMBEK
WAIVE SPECIAL EVENT FEE FOR SENECA NATION BUFFALO RESOURCE CENTER EVENT IN RIVERSIDE PARK
Whereas: The Seneca Nation of Indians has a diverse job market which includes employment opportunities at all three casinos Seneca Allegany,
Seneca Niagara and Seneca Buffalo Creek, including opportunities within the Nation as well; positions range from maintenance and custodial to
management and executive positions, as well as a number of positions that exist at Seneca Enterprises.
Whereas: The Seneca Nation Buffalo Resource Center Picnic will take place on Saturday, August 2, 2014 from 11 am to dusk in Riverside Park;
and
Whereas: As a yearly celebration, There will be food, music and games for kids; and
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo waives the Special Event fee associated with the Seneca Nation Buffalo Resource Center Picnic
scheduled for Saturday, August 2, 2014 at 11 am; and
Be it Finally Resolved:
That copies of this resolution be forwarded to the office of Special Events, Department of Public Works, Parks and Streets.
PASSED
AYES 9, NOES 0
NO. 1815
SPONSOR: COUNCILMEMBER LOCURTO
WAIVE PERMIT FEES FOR THE BUFFALO SEMINARY BACK TO SCHOOL PICNIC
Whereas, The Buffalo Seminary Parent Association celebrates the beginning of the academic year with an annual "Back to School Picnic "; and
Whereas, The Back to School Picnic will be held on September 5th, 2014 from 4pm to 8pm on the West side of Chapin Parkway between Potomac
and Soldier's Circle; and
Whereas, approximately 300 students and parents are expected to attend, with dinner being prepared in the school kitchen so that no grills or
propane will be utilized outside; and
Now, Therefore, Be it Resolved:
That the City of Buffalo Common Council hereby waives all permit fees associated with hosting Buffalo Seminary's annual Back to School Picnic on
September 5 th 2014 from 4pm to 8pm on Chapin Parkway; and
Be it Further Resolved:
That a copy of this resolution be sent to the Department of Parks and Recreation and the Department of Special Events.
PASSED
AYES 9, NOES 0
NO. 1816
SPONSOR: COUNCILMEMBER LOCURTO
WAIVE PERMIT FEES FOR THE ELMWOOD KIWANIS ANNUAL FISHING DERBY
Whereas, on Wednesday, August 20 2014, the Elmwood Kiwanis will be hosting a free Fishing Derby for 150 city children and 50 United Way
volunteers at Hoyt Lake in Delaware Park; and
Whereas, the event will be held from 8 a.m. to 12 p.m., and is an annual event that relies solely on food donations and other organizations support
as there is no admission fee, and
Now, Therefore, Be it Resolved:
That the City of Buffalo Common Council hereby waives all permit fees associated with hosting the Elmwood Kiwanis Annual Fishing Derby in
Delaware Park on August 20 2014 from 8am to 12pm; and
Be it Further Resolved:
That a copy of this resolution be sent to the Department of Parks and Recreation.
PASSED
AYES 9, NOES 0
NO. 1817
SPONSOR: COUNCILRNEMBER LOCURTO
RE: WAIVE PERMIT FEES FOR PARKSIDE OKTOBERFEST 5K
Whereas, For 50 years, the Parkside Community Association, a 501 (c) (3) not - for - profit, has worked to preserve the historical Parkside
Neighborhood and the flagship, Olmsted- designed Delaware Park that runs through it, to ensure the area endures as a wonderful place to live, work,
and play; and
Whereas, In honor of the Parkside Community Association's 50 Anniversary, the organization will host an Oktoberfest 5k in Delaware Park on
Sunday ,October 5 th 2024; and
Whereas, A children's dash will also take place prior to the start of the race, and an Oktoberfest celebration and awards ceremony will follow at the
Church of the Good Shepherd at 7pm; and
Now, Therefore, Be it Resolved:
That the City of Buffalo Common Council hereby waives all permit fees, except for the motorcade fee, associated with hosting the Parkside
Oktoberfest 5k in Delaware Park on October 5th; 2024 and
Be it Further Resolved:
That a copy of this resolution is sent to the Department of Parks and Recreation and Special Events.
PASSED
AYES — 9 NOES - 0
NO. 1818
BY COUNCIL PRESIDENT PRIDGEN,
COUNCIL MEMBERS SMITH, SCANLON, WYATT, AND RIVERA
TO PROHIBIT MOBILE SERVICE PROVIDERS FROM PROVIDING SERVICE ON MOBILE DEVICES THAT HAVE BEEN REPORTED
STOLEN
Whereas, Both houses of Congress in S2032 and HR1730 have proposed to amend the Communications Act of 1934 to prohibit mobile service
providers from providing service on mobile devices that have been reported stolen, and to prohibit the modification or elimination of mobile device
identification numbers; and
Whereas, Under these laws, a provider of commercial mobile service may not provide service on a mobile device that has been reported to such
provider as stolen; by the party who holds the account with respect to such service; and
Whereas, Under these laws, to knowingly alter or remove mobile device identification numbers knowingly use, produce, have control or guardianship
of, or possess hardware or software, knowing it has been configured: Now, Therefore, Be It
Resolved that The City of Buffalo Common Council- -
1) Requests that Corporation Counsel draft an ordinance to prohibit the resale of mobile devices that have
been reported stolen.
ADOPTED
NO. 1819
BY CHRISTOPHER P. SEANLON
WAIVE EVENT FEES FOR MEALS ON WHEELS FOR WESTERN NEW YORK AT TOSH COLLINS COMMUNITY CENTER
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, Meals on Wheels for WNY at Tosh Collins Community Center offers their services Monday through Friday from 9:OOam to 1:OOpm
year round; and
WHEREAS, Meals on Wheels for WNY provides nutritious food services for seniors at Tosh Collins Community Center; and
WHEREAS, Since its founding in 1969, Meals on Wheels for WNY has been committed to enriching lives and promoting independent healthy living
by offering nutritious food and a friendly visit, serving as a critical link between clients and their families, loved ones and neighbors; and
NOW, THEREFORE, BE IT RESOLVED,
That the Common Council of the City of Buffalo respectfully requests that the Department of Public Works waive all fees applicable to Meals on
Wheels for WNY at Tosh Collins Community Center; and
BE IT FURTHER RESOLVED,
That the City Clerk forward a copy of this resolution to the Commissioners of the Departments of Permits & Inspections and Special Events.
PASSED
AYES — 9 NOES — 0
NO. 1820
BY CHRISTOPHER P. SCANLON
WAIVE PARK RENTAL AND EVENT FEES FOR WOODSIDE COMMUNITY CHURCH ANNUAL PICNIC AND THE CAZENOVIA PARK
HOCKEY PEE WEE MINOR KIDS TRIATHION
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 Woodside Community Church Annual Picnic on August 24, 2014 at Cazenovia Park from 9:OOam - 5:OOpro; and
WHEREAS, The Cazenovia Park Hockey Pee Wee Mino Kids Triathlon will be held throughout Cazenovia Park, including Cazenovia Pool, on
September 20, 2014 from 10:00am - 5:OOpm; and
NOW, THEREFORE, BE IT RESOLVED,
That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works
waive the Olmsted City Park fee and all other event fees applicable for the Woodside Community Church Annual Picnic and the Cazenovia Park
Hockey Pee Wee Minor Kids Triathlon; and
BE IT FURTHER RESOLVED,
That the City Clerk forward a copy of this resolution to the Departments Public Works and Special Events.
PASSED
AYES — 9 NOES — 0
NO. 1821
SPONSOR: DEMONE SMITH
WAVE PARK RENTAL AND ALL SPECIAL EVENTS FEES ASSOCIATED WITH THE 2014 HIGH REUNION
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 chapter of the Code; and
Whereas: The 2014 All High Reunion, a reunion of students who attended Buffalo Public and Parochial Schools, past and
present will be held Saturday, July 5, 2014: and
Whereas: This event will take place at Manhattan Park; and
Whereas: This event is free to the public; and
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo waves the Park Rental and All Special Event Fees associated with this event
Be It Further Resolved:
That the City Clerk forwards a copy of this resolution to the
Commissioner of the Department of Public Works, Parks and Streets.
PASSED
AYES — 9 NOES — 0
NO. 1822
SPONSOR: DEMONE SMITH
RE: WAIVE PARK SPECIAL EVENT FEES FOR KIDS DAYS
Whereas: Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are charged with respect to licenses, permits and
activities required to be regulated under provisions of various chapters of the code; and
Whereas: Kids Days, a celebration of the end of summer for area kids; and
Whereas: This annual event is open to the public and is free; and
Whereas: This event will be held on August 23, 2014 at School 59 Park: and
Now Therefore, Be It Resolved,
That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events, Department of Permits and
Inspections, and the Department of Public Works waive the Park Special Event fee for Kids Days; and
Be it Further Resolved,
That the City Clerk forward a copy of this resolution to the Commissioners of the s of Permits and Inspections, Public Works and Special Events.
PASSED
AYES — 9 NOES — 0
NO. 1823
BY DEMONE SMITH
RE: WAIVE PARK RENTAL FEES FOR UYFL KICK -OFF PICNIC
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 to regulated under the provisions of various chapters of the
Code:and
WHEREAS: United Youth Football League Kick -Off Picnic will be held on Saturday, August 16, 2014 at McCarthy Park; and
WHEREAS: United Youth Football League Kick -Off Picnic focuses on building up the
youth on recreational activities in the community; and
NOW, THEREFORE, BE TT RESOLVED:
That the Common Council of the City of Buffalo waives the Park Rental Fees for United Youth Football League Kick -Off Picnic on Saturday, August
16, 2014,
BE IT FURTHER RESOLVED:
That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works, Parks and Streets and to the Director
of Special Events
PASSED
AYES — 9 NOES — 0
NO. 1824
BY: MR. WYATT
WAIVE BANDSHELL PERMIT FEE FOR KEN -LANG DAY
Whereas On Tuesday, August 5, 2014, residents of the Ken Langfield community will be celebrating National Night Out; and
Whereas This year's event will feature family activities, games and a cookout for the neighborhood residents; and
Whereas The City of Buffalo, and the Common Council, supports the Ken - Lang National Night Out event;
Now, Therefore be it Resolved:
That the Common Council does hereby approve waiving the bandshell rental fee for the Ken - Lang National Night Out celebration, taking place on
Tuesday, August 5, 2014; and
Be it Further Resolved:
That copies of this resolution be sent to the Department of Public Works, Parks & Streets and the Corporation Counsel.
PASSED
AYES — 9 NOES- 0
NO. 1825
BY: RASHEED N.C. WYATT
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.
Ruth Alvarado
Nathan Lewis Goldsmith
Pamela J. Harris
Thomas J Leatherbarrow
Michael A. Maiola
Melanie Neureuther
Mark Christopher White
Total: 7
ADOPTED
NO. 1826
BY:RASHEED N.C. WYATT
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.
Lydia Baines
Kara L. Kern
TOTAL:2
ADOPTED
NO. 1827
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, September 9, 2014 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday, September 9, 2014 at 10:00 o'clock A.M.
Committee on Comm. Dev. Tuesday, September 9, 2014 at 1:00 o'clock P.M
Committee on Legislation Tuesday, September 9, 2014 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.1828
ADJOURNMENT
On a motion by Mr. Smith, Seconded by Mr. LoCurto the Council adjourned at 3:10 PM
GERALD A. CHWALINSKI
CITY CLERK