HomeMy WebLinkAbout16-0105 NO. 1
PROCEEDINGS
OF THE
CITY OF BUFFALO
JANUARY 5, 2016
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Mark J.F.Schroeder
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
ELLICOTT DISTRICT
DARIUS G. PRIDGEN
PRESIDENT PRO TEMPORE
SOUTH DISTRICT
CHRISTOPHER P.SCANLON
MAJORITY LEADER
NIAGARA DISTRICT
DAVID A. RIVERA
DISTRICT COUNCIL MEMBERS
RICHARD A. FONTANA-LOVEJOY
DAVID A FRANCZYK-FILLMORE
ULYSEES O.WINGO SR.-MASTEN
JOSEPH GOLOMBEK JR.—NORTH
JOEL P. FEROLETO—DELAWARE
RASHEED N.C.WYATT-UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Rasheed N.C.Wyatt-Chairman, Richard A. Fontana, David A. Rivera, Ulysees O.Wingo,Sr.-Members
CLAIMS COMMITTEE:Joel P. Feroleto-Chairman,Joseph Golombek Jr., David A. Rivera, Rasheed N.C.Wyatt-Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek Jr., Chairman- David A. Rivera, Christopher P. Scanlon, Ulysees O. Wingo, Sr.,
Rasheed N.C.Wyatt-Members
FINANCE COMMITTEE: Richard A. Fontana,Chairman,Joel P. Feroleto, David A. Rivera, Ulysees O.Wingo,Sr. Rasheed N.C.Wyatt-Members.
LEGISLATION COMMITTEE: Christopher P. Scanlon, Chairman, Joel P. Feroleto, David A. Franczyk, Joseph Golombek Jr., David A. Rivera -
Members.
RULES COMMITTEE: Darius G. Pridgen,Chairman,Christopher P.Scanlon, David A. Rivera-Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: David A. Rivera,Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-Members
EDUCATION COMMITTEE: Ulysees O.Wingo,Sr.Chairman,Joseph Golombek,Jr.,Christopher P.Scanlon, Rasheed N.C.Wyatt-Members
POLICE OVERSIGHT: David A. Rivera.,Chairman,Joel P. Feroleto, David A Franczyk,Christopher P.Scanlon—Members
PUBLIC TRANSPORTATION:Christopher P.Scanlon,Chairman Joel P. Feroleto, David A. Franczyk, David A. Rivera,-Members
WATERFRONT DEVELOPMENT COMMITTEE: Christopher P.Scanlon Chairman, David A. Franczyk,Joseph Golombek,Jr., Ulysees O.Wingo,
Sr.-Members
INVOCATION PLEDGE TO FLAG DATE January 5,2016
FINAL
COMPTROLLER
1.Certificate of Necessity-Capital Projects Planning R&F
2.Certificate of Necessity-Buffalo Museum of Science R&F
3.Certificate of Necessity-Prior Year Claims R&F
4.Audit of the Bureau of Fire Prevention FIN
COUNCIL PRESIDENT
5.Constituent's Concern with Green Code and McCarley Gardens LEG
PUBLIC WORKS
6- 5A Increase in Encumbrance-Citywide Bicycle Facility Master Plan APP
7- 5B Permission to Enter Into Agreement-DASNY-Coca Cola Field(Fill) APP
8- 5C Permission to Enter Into Agreement-DASNY-Johnnie B.Wiley(Ell) APP
9- 6.Permission to Enter Into Agreement with Utility Companies Bailey Ave Bridges(Lov) APP
10- 6A Permission to Hire Consultant&Enter Agreements-Various Entities
Warren Spann Way Improvements(South) APP
11- 7.Permission to Increase Contract-Watts Arch-North Buffalo Rails to Trails Project(Univ) APP
12- 8.Permission to Increase Contract-Concrete Applied Tech-Imp to Clinton&E.Lovejoy St(Lov) APP
13- 8A Report of Bids-Parkside&Florence Intersection Improvements(Del) APP
POLICE
14- 9.Drug Asset Forfeiture Annual Certification Report and Audit for FY Ending June 30,3015 FIN
PERMITS AND INSPECTIONS
15- 10.Food Store License(New)-1358 Broadway(Fill) LEG
16- 10A Food Store License(New)-635 E.Delavan(Mas) LEG
17- 11.Food Store License(New)-454 E.Utica(Ell) LEG
18- 12.Food Store License(New)-916 Tonawanda(North) APP
19- 13.Food Store License(New)-2082 South Park(South) LEG
20- 13A Food Store License(New)-331 Vermont(Nia) APP
CITY CLERK
21- 14.Restricted Use Permit-69 W.Chippewa-1/14/16 DENY
22- 15.Restricted Use Permit-69 W.Chippewa-1/28/16 APP
23- 16.Restricted Use Permit-69 W.Chippewa-2/11/16 APP
24- 17.Liquor License Applications R&F
25- 18.Leaves of Absence R&F
26- 18A Notices of Appointments-Council Interns ADOPT
27- 19.Notices of Appointment-Seasonal R&F
28- 20.Notices of Appointments-Temp/Prov/Perm CS
MISCELLANEOUS
29- 21.B.McDuffie-EC Submitted Final Report on Bib Urban League 2014
Preventive Services Contract With EC SS R&F
30- 22.NYSDEC-Brownfield Cleanup-837 Bailey(Lov) R&F
31- 23.NYSDEC-Brownfield Cleanup-3 Gates Circle(Ell) R&F
32- 24.NYSDEC-Brownfield Cleanup-373 Hertel(North) R&F
33- 25.DOT-Notice of Repeal-198 Ramp(Del) R&F
34- 26.M.Romanowski-Planning Bd Approval-854 Ellicott(Ell) APP
35- 27.M.Romanowski-SEQR-854 Ellicott St(Ell) CD
36- 28.M.Romanowski-SEQR Approval 1391 Hertel(Del) LEG
37- 29.M.Romanowski-Zoning Variance 1391 Hertel-Black Metal Fences(Del) R&F
38- 30.M.Romanowski-Planning Bd-1391 Hertel(Del) R&F
39- 31.B.Yunke-Liberty Cab-Lack of Accessibility Uber LEG,EDPI
PETITIONS
40- 32.C.DeLorenzo,Owner,Use 766 Elmwood for a Sit-In Restaurant in
The Elmwood Business District(Del)(hrg 1/12) LEG,CPBD
41- 33. S.Mucino,Owner,Use 153 Elmwood to Re-Establish an Existing Restaurant
in the Elmwood Ave Special Zoning District(Fill)(hrg 1/12) LEG,CPBD
42- 34.L.Brandon,Agent,Use 1391 Hertel for Approval of a Fence(Del)(no hrg) LEG
43- 35. S.Wilkins,Owner,Use 537 Main for an Outdoor Café in Front of
an Existing Restaurant(Ell)(no hrg) LEG,CPBD
44- 36.R.Wyatt-B.Tolbert-R.Mack&0-Support Ornamental Lighting Fixture CD,PW
RESOLUTIONS
59- 37.Fontana Transfer in Funds-Capital Projects-Planning APP
60- 38.Fontana Transfer in Funds-Buffalo Museum of Science APP
61- 39.Fontana Transfer in Funds-Prior Year Claims APP
62- 39A Scanlon Support for Ride-Sharing as a Transportation Alternative LEG
63- 40.Wingo,Sr. Win Back Winning Behavior in the COB School's ED
64- 41.Wyatt Comm of Deeds-Public Duties ADOPT
65- 42.Wyatt Comm of Deeds ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
45- 1. 15-2514 Com Dec 22 Appoint Coord of Anti-Graffiti&Clean City Program
(Max)Olivencia)(Mayor) APP
46- 2. 15-2539 Com Dec 22 Appoint Sr 1st Class Stationary Engineer(Perm)(Max)(Keenan)(PW) APP
47- 3. 15-2540 Com Dec 22 Appoint Laborer II(Perm)(Inter)(Rogowski)(PW) APP
48- 4. 15-2549 Com Dec 22 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F
FINANCE
49- 5. 15-2572 No Dec 22 City Wide Broadband Municipal Internet(PW)(#2344,11/24) R&F
LEGISLATION
50- 6. 15-2541 Com Dec 22 Food Store License(New)-160 Doat(Fill)(EDPI) APP/COND
51- 7. 15-2542 Com Dec 22 Food Store License(New)-860 Walden(Lov)(EDPI) RECOMMIT
52- 8. 15-2555 No Dec 22 U.Wingo,Sr-Conditions for Masten Food Store Licenses ADOPT/EDPI
53- 9. 15-2558 No Dec 22 M.Kassem,Owner, Use 1347 Kensington to Re-Establish Use as a
Grocery/Deli in the Ken/Bailey Special District(hrg 12/29)(Univ) APP
54- 10. 15-2559 No Dec 22 M.Mohamed,Owner,Use 568 Niagara to Re-Establish Use as a
Grocery Store in the Niagara River Coastal Special Rev District
(hrg 12/29)(E11) APP/COND
55- 11. 15-2560 No Dec 22 A.Almontaser,Owner,Use 2082 South Park to Re-Establish Use
of an Existing Takeout Food Store in the South Park Special
District(hrg 12/29)(South) RECOMMIT
56- 12. 15-2561 No Dec 22 M.Payne,Agent,Use 1285 Main to Place a Ground Sign(no hrg)(E11) APP
57- 13. 15-2589 Res Dec 22 Request for Consideration-Rename Caz Library in Honor of
Patricia Quinlivan(hrg 01/05) R&F
58- 14. 15-2032 Com Oct 13 Food Store(New)500 Ontario(North)(EDPI) APP
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL-BUFFALO
TUESDAY JANUARY 5,2016
AT 2:00 P.M.
Present—Darius G. Pridgen,Council President,Christopher P.Scanlon, President Pro Tempore,and Councilmembers: Feroleto, Fontana,
Franczyk,Golombek Jr., Rivera,Wingo Sr.,Wyatt—9
Absent—0
On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the minutes of the stated meeting held on December 22,2015 were approved
FROM THE COMPTROLLER
NO.1
CERTIFICATE OF NECESSITY—CAPITAL PROJECTS PLANNING
TRANSFER OF FUNDS
We, Byron W. Brown,Mayor and Mark J. F.Schroeder,Comptroller,do hereby certify,pursuant to Section§20-12 of the Charter,that it is necessary
that the sum of$194,260 be transferred and reappropriated as set forth below
From:
30363206-445500 Firehouse Conceptual Design $194,260
To:
30000106-445100 Capital Projects Planning $194,260
From:
30000106-445100 Capital Projects Planning $194,260
To:
33280006-445500 Fire/Police Headquarter Conceptual Design $194,260
RECEIVED AND FILED
NO.2
CERTIFICATE OF NECESSITY—BUFFALO MUSEUM OF SCIENCE
TRANSFER OF FUNDS
We, Byron W. Brown,Mayor and Mark J. F.Schroeder,Comptroller,do hereby certify,pursuant to Section§20-12 of the Charter,that it is necessary
that the sum of$39,000 be transferred and reappropriated as set forth below:
From:
30000106-445100 General City Planning $39,000
To:
30322706-445500 Buffalo Museum of Science $39,000
RECEIVED AND FILED
NO.3
CERTIFICATE OF NECESSITY—PRIOR YEAR CLAIMS
TRANSFER OF FUNDS
Byron W. Brown, Mayor and Mark J. F. Schroeder, Comptroller, do hereby certify, pursuant to Section§20-12 of the Charter, that it is necessary that
the sum of$1,241,016 be transferred and reappropriated as set forth below:
From:
17303002-423002 NYS Police&Fire Pension $1,241,016
To:
17221008-480205 Prior Year Claims $1,241,016
RECEIVED AND FILED
NO.4
AUDIT OF THE BUREAU OF FIRE PREVENTION
Attached please find the audit report on the internal controls over revenue at the Bureau of Fire Prevention,as well as the response from the Fire
Department.
The lack of internal controls over cash receipts identified in this audit,as well as audits of the Animal Shelter and the Office of Licenses,highlight the
need for additional training of employees who process cash transactions.
In order to address this need,City Auditor Kevin Kaufman and Finance Commissioner Donna Estrich wrote a memo to all department heads outlining
recommendations to improve internal controls over cash transactions.Our staff is available to assist in implementation of the recommendations and any
additional training that is requested.That memo is attached to this communication.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE PRESIDENT OF THE COUNCIL
NO.5
CONSTITUENT'S CONCERN WITH GREEN CODE AND MCCARLEY GARDENS
December 16,2015
Dear Council President Pridgen,
I am glad that I had the opportunity to chat with you briefly yesterday evening prior to the meeting concerning Ciminelli's Waterfront Village plans. I hope
the exchange of comments and concerns that followed was instructive.
While my attendance at yesterdays event was on behalf of a group of Admiral's Walk unit owners,please know that my efforts,commentary and
critiques regarding the proposed Green Code have all been pro bono-for the good of the citizens of the City of Buffalo. No one has paid me a penny to
address the proposed zoning and development ordinance.
Thank you for asking me to re-send the prior emails that I have forwarded to you the past several months regarding-specifically-the Green Code and
McCarley Gardens. For your convenience, I will insert below excerpts from two of my recent blog posts that touch on the topic,as well as a short
discussion of my concerns pertaining to the prevalent use of the"special use permit"mechanism.
Please feel free to contact me by email or at—for further clarification or with any questions or comments that you may have.
Respectfully,
Arthur J.Giacalone
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS
NO.6
INCREASE IN ENCUMBRANCE ALTA PLANNING AND DESIGN CITY-WIDE
BICYCLE FACILITY MASTER PLAN CONTRACT#93001370 CITY-WIDE
Prior Council Reference: No 13 of 2/4/14No 13 of 2/4/14
I hereby submit to your Honorable Body the following increase to the consultant contract for the above named contract.This change order is necessary
to add the production of hard copy deliverables of the final report.This change order is in accordance with the consultant agreement and project
procurement.
Existing Contract Amount $104,876.00
Increase in Contract $ 500.00
Total Contract to Date $105,376.00
Funds are available in Capital Projects Account#30032106-445100 and/or another account to be named at a future date.
I respectfully certify that this change order is fair and equitable for the work involved,and respectfully request that Your Honorable Body approve the
subject change order and authorize the Commissioner of Public Works, Parks&Streets to issue said change order to ALTA Planning and Design
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated January 4,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order#1 in
the amount of$500.00(Existing Contract Amount$104,876.00+Change Order#1 $500.00 for a Total Contract to Date of$105,376.00)for the City-
wide Bicycle Facility Master Plan,to ALTA Planning and Design,Contract#93001370. Funds are available in Capital Projects Account#30032106-
445100 and/or another account to be named at a future date.
PASSED
AYES 9, NOES 0
NO.7
PERMISSION TO ENTER INTO AGREEMENT WITH DASNY;COCA COLA FIELD
FILLMORE DISTRICT
The City of Buffalo has been awarded a grant from the Dormitory Authority of the State of New York(DASNY)of up to$500,000 for the design,
construction,construction administration and inspection of improvements to Coca Cola Field.
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to enter into agreement with
DASNY.This agreement will enable this Department to administer this project and will cover all necessary work needed to complete the design,
administration,inspection and construction of this project.
The funds will be available in a Grant account(s)to be named at a later date.All agreements would be subject to approval as-to-form by the Corporation
Counsel.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated January 4,
2016,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
the Dormitory Authority of the State of New York("DASNY')for the design,construction,construction administration and inspection of improvements to
Coca Cola Field.This agreement with enable the Department of Public Works, Parks and Streets to administer this project and will cover all necessary
work needed to complete the design,administration,inspection and construction of this project.All agreements would be subject to approval as-to-form
by the Corporation Counsel.The funds are available in Grant account(s)to be named at a later date.
PASSED
AYES-9 NOES-0
NO.8
PERMISSION TO ENTER INTO AGREEMENT WITH DASNY;
AND PERMISSION TO HIRE CONSULTANT JOHNNIE B.WILEY
ELLICOTT DISTRICT
The City of Buffalo has been awarded a grant from the Dormitory Authority of the State of New York(DASNY)of up to$1,965,000 for the design,
construction,construction administration and inspection of improvements and upgrades to the Johnnie B.Wiley Amateur Sports Pavilion.
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to enter into agreement with
DASNY.This agreement will enable this Department to administer this project and will cover all necessary work needed to complete the design,
administration,inspection and construction of this project.
I also respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a
consultant to provide architectural/engineering services for the subject project.The funds will be available in a Grant account(s)to be named at a later
date.All agreements would be subject to approval as-to-form by the Corporation Counsel.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated January 4,
2016,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
the Dormitory Authority of the State of New York("DASNY")of up to$1,965,000.00 for the design,construction,construction administration and
inspection of improvements and upgrades to the Johnnie B.Wiley Amateur Sports Pavilion.This agreement with enable the Department of Public
Works, Parks and Streets to administer this project and will cover all necessary work needed to complete the design,administration,inspection and
construction of this project.
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide
architectural/engineering services for the subject project.All agreements would be subject to approval as-to-form by the Corporation Counsel.The funds
are available in Grant account(s)to be named at a later date.
PASSED
AYES-9 NOES-0
NO.9
PERMISSION TO ENTER INTO AGREEMENT WITH UTILITY COMPANIES BAILEY AVENUE BRIDGES
PIN 5756.34 OVER CAZENOVIA CREK&BUFFALO RIVER
LOVEJOY DISTRICT
PRIOR COUNCIL REFERENCE: Item 2150 of CCP 10/27/15
Permission is hereby requested from Your Honorable Body to authorize the Commissioner of Public Works, Parks and Streets to enter into any and all
necessary agreements with utility companies to facilitate the removal/relocation of their existing facilities within scope of the Bailey Avenue Bridges
Replacement Project.The Agreements will facilitate to compensation for the cost of relocating utilities as required by the City's relocation of the existing
bridge and roadway alignment.
All agreements will be subject to approval as to form by Corporation Counsel. Funds for the agreements are available in the project grant accounts.The
project is 95%reimbursable by Federal and State grants.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated December
29,2015,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 any and all
necessary agreement with utility companies to facilitate the removal/relocation of their existing facilities within the scope of the Bailey Avenue Bridges
Replacement Project.The agreements will facilitate to compensation for the cost of relocating utilities as required by the City's relocation of the existing
bridge and roadway alignment.All agreements will be subject to approval as to form by the Corporation Counsel. Funds for the agreements are available
in the Project Grant Accounts.
PASSED
AYES 9, NOES-0
NO.10
PERMISSION TO HIRE AN ENGINEERING CONSULTANT;AND PERMISSION TO ENTER INTO AGREEMENTS AS NEEDED
WITH VARIOUS ENTITIES FOR THE DESIGN,CONSTRUCTION,CONSTRUCTION ADMINISTRATION AND INSPECTION OF THE
WARREN SPANN WAY IMPROVEMENTS SOUTH DISTRICT
The City of Buffalo has been awarded a grant from the Dormitory Authority of the State of New York(DASNY)of up to$300,000 for the design,
construction,construction administration and inspection of Warren Sparta Way Improvements.
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to enter into all necessary
agreements with DASNY, Buffalo Olmsted Parks Conservancy and or National Grid.These agreements would enable this Department to administer this
project and will cover all necessary work needed to complete the design,administration,inspection and construction of this project.All agreements
would be subject to approval as-to-form by the Corporation Counsel.
I also respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to hire a
consultant to provide consulting services for the subject project.The funds will be available in a Grant account(s)to be named at a later date.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated January 4,
2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to enter into all necessary
agreements with the Dormitory Authority of the State of New York("DASNY"), Buffalo Olmsted Parks Conservancy and/or National Grid for the design,
construction,construction administration and inspection of the Warren Spann Way Improvements;and that the Common Council hereby authorizes the
Commissioner of the Department of Public Works, Parks and Streets to hire a consultant to provide consulting services for the subject project.All
agreements would be subject to approval as to form by the Corporation Counsel.The funds are available in a Grant Account(s)to be named at a later
date.
PASSED
AYES-9 NOES-0
NO.11
PERMISSION TO INCREASE CONSULTANT CONTRACT WATTS ARCHITECTURE&ENGINEERING
CONTRACT-92011000 NORTH BUFFALO RAILS TO TRAILS PROJECT
UNIVERSITY DISTRICT
PRIOR COUNCIL REFERENCE: Permission to hire Engineering Consultant(Item 1955 CCP 9/30/2014)
I hereby submit to your Honorable Body the following change order for this contract.Watts Architecture&Engineering has been hired for the
construction Administration and construction inspection of the North Buffalo Rails to Trails Project.
This increase is necessary for additional services by consultant for the inspection of additional work that will be completed with additional grant funding
that was made available.
Previously approved contract amount: $508,695.00
This Change Order: $26,000.00
Total: $534,695.00
The contract is funded with Federal and City funds.This change order will be funded from grant account 31450006-445500 and or an account to be
named at a later date.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated December
29,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order#1 in
the amount of$26,000.00(Original Contract Amount$508,695.00+Change Order#1 $26,000.00 for a Total Contract Amount of$534,695.00)for the
construction administration and construction inspection of the North Buffalo Rails to Trails Project to Watts Architecture&Engineering,Contract
#92011000. Funds are available in Grant Account#31450006-445500,and/or an account to be named at a later date.
PASSED
AYES—9, NOES-0
NO.12
PERMISSION TO INCREASE CONTRACT CONCRETE APPLIED TECHNOLOGIES CORP.—CATCO
IMPROVEMENTS TO CLINTON&EAST LOVEJOY STREET PROJECT
CONTRACT#93001194 LOVEJOY DISTRICT
PRIOR COUNCIL REFERENCE:(Item No.2167,CCP 10/28/14)
I hereby submit to your Honorable Body the following change for this contract.CATCO is the contractor for reconstruction of East Lovejoy&Clinton
Street Project.
This increase is necessary for additional work by the contractor on the project as follows:
-Additional cost for Stamped Concrete sidewalk
-Additional cost for Electric Meter Panel
-Steel Conduit for Wood Poles
-Park Benches
-Pedestrian Pole
-Traffic Signal pole Replacement
Previously Approved Contract Amount: $2,721,466.05
This Cost increase: $ 68,668.56
Total: $2,790,134.61
I certify that this increase is fair and equitable for the work involved and respectfully request that your Honorable Body approve the subject change order
and authorize the Commissioner of Public Works. Parks and Streets to issue said increase for$68,668.56.
This Project is funded by the City of Buffalo and the funds are available in accounts#30032106,#36319406,#37315506 and or an account to be
named at a later date.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated December
29,2015,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to execute Change Order#1 in
the amount of$68,668.56(Original Contract Amount$2,721,466.05+Change Order#1 $68,668.56 for a Total Contract Amount of$2,790,134.61)for
the improvements to Clinton and East Lovejoy Street Project,with Concrete Applied Technologies Corp.("CATCO"),Contract#93001194. Funds are
available in Accounts#30032106,36319406,and 37315506,and/or an account to be named ata later date.
PASSED
AYES-9 NOES-0
NO.13
REPORT OF BIDS PARKSIDE AVE.@ FLORENCE AVE.INTERSECTION IMPROVEMENTS
PIN 5760.98 DELAWARE DISTRICT
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 Alternate 1
Nova Site Contracting $410,177.00 $13,800.00
6 Lena Court West Seneca, NY 14224
Accadia Site Contracting $412,081.24 $14,000.00
5636 Transit Rd. Depew, NY 14043
Destro&Brothers Concrete Co. $451,102.91 $5,400.00
411 Ludington St. Buffalo, NY 14211
Mark Cerrone, Inc. $452,776.77 $13,120.00
2368 Maryland Ave. Niagara Falls, NY 14305
I hereby certify that the low bidder for the above project is Nova Site Contracting.
I respectfully recommend a contract award in the amount of$466,374.70($410,177.00-BaseBid+$13,800.00-Alternate I+$42,397.70-10%
Contingency=$466,374.70-Total Contract Amount). Funds for this contract are available in#32260006-445100,and/or an account(s)to be named at
a later date.
The engineer's estimate for this work is$440,000.00
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 February 6,2016. Individual bid submissions are available in our office for inspection and
copies are available upon request.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Public Works, Parks and Streets,dated January 4,
2016,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 Parkside Avenue at Florence Avenue Intersection Improvements,with Nova Site Contracting,with a total contract amount of$466,374.70(Base Bid
of$410,177.00+Alt. 1 of$13,800.00+10%contingency of$42,397.70 for a Total Contract Amount of$466,374.70). Funding for this contract are
available in Account#32260006-445100,and/or an account(s)to be named at a later date.
PASSED
AYES-9 NOES-0
FROM THE COMMISSIONER OF POLICE
NO.14
DRUG ASSET FORFEITURE ANNUAL CERTIFICATION REPORT
AND AUDIT FOR FISCAL YEAR ENDING JUNE 30,2015
Enclosed please find the completed audit report and certification report for the fiscal year ended June 30,2015.
This report is being filed with your Honorable Body as an informational item.
If you have any questions regarding the above mentioned,please contact Inspector Joseph Strano at 851-4879 or Sr. Budget Examiner John Stanchak
at 851-5903.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT&
INSPECTION SERVICES
NO.15
FOOD STORE(NEW)1358 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 1358 BROADWAY(BARMAN NAWAF/BROADWAY MART&DELI INC.)and find that as to form is correct. I will cause an investigation into
the premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained
from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and
other applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.16
FOOD STORE(NEW)635 EAST DELAVAN(MASTEN)
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 635 EAST DELAVAN(TOWFEEK ALU EAST DELAVAN EXPRESS)and find that as to form is correct. I will cause an investigation into the
premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from
the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other
applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.17
FOOD STORE(NEW)454 EAST UTICA(ELLICOTT)
Pursuant to Chapter 194 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Food Store License
located 454 E UTICA(SALEH SALEH/HAPPY CITY MARKET)and find that as to form is correct. I will cause an investigation into the premises for
which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from the Zoning
Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other applicable
laws.This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.18
FOOD STORE(NEW)
916 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 916 TONAWANDA(IBRAHIM ABADIDU/LUCY INTERNATIONAL SPICY FOOD.) and find that as to form is correct. I will cause an
investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required
approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and 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. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,dated December
18,2015,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 Ibrahim Abadidu d/b/a Lucy International Spicy Foods located at 916 Tonawanda.
PASSED
AYES-9 NOES-0
NO.19
FOOD STORE(NEW)
2082 SOUTH PARK(SOUTH)
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 2082 SOUTH PARK(AHMED ALMONTASER/NADEEM MART INC.)and find that as to form is correct. I will cause an investigation into the
premises for which said application for a food store license is being sought and no License will be issued until all required approvals are obtained from
the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and I find it complies with all regulations and other
applicable laws.This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.20
FOOD STORE(NEW)
331 VERMONT(NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License
located 331 VERMONT (MD TALUKDER/BUFFALO GROCERY & HALAL MEATS INC) and find that as to form is correct. I will cause an
investigation into the premises for which said application for a food store license is being sought and no License will be issued until all required
approvals are obtained from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office and 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. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Department of Permits and Inspection Services,dated December
30,2015,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 MD Talukder d/b/a Buffalo Grocery&Halal Meats Inc.located at 331 Vermont.
PASSED
AYES-9 NOES-0
FROM THE CITY CLERK
NO.21
APPLICATION FOR RESTRICTED USE PERMIT 69 W.CHIPPEWA-01/14/2016
DOWNTOWN ENTERTAINMENT REVIEW DISTRICT
TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE
ALCOHOL IS SERVED
Pursuant to§511-68.6 of the Code of the City of Buffalo,the undersigned hereby makes application to the Common Council of the City of Buffalo for a
permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21
and over.
Mr. Rivera moved:
That the above item be,and the above communication from the Office of the City Clerk of Buffalo be received and filed;and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol
is served at an event to occur on January 14,2016,is hereby denied.
DENIED
AYES—9 NOES-0
NO.22
APPLICATION FOR RESTRICTED USE PERMIT
69 W.CHIPPEWA-01/28/2016
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.
Mr. Rivera moved:
That the above item be,and the above communication from the Office of the City Clerk of Buffalo be received and filed;and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol
is served at an event to occur on January 28,2016,is hereby approved.
PASSED
AYES-9 NOES-0
NO.23
APPLICATION FOR RESTRICTED USE PERMIT-69 W.CHIPPEWA 02/11/2016
DOWNTOWN ENTERTAINMENT REVIEW DISTRICT
TAVERN EVENT PERMITTING ENTRY OF PATRONS UNDER AGE 21 WHERE
ALCOHOL IS SERVED
Pursuant to§511-68.6 of the Code of the City of Buffalo,the undersigned hereby makes application to the Common Council of the City of Buffalo for a
permit to hold an event which will permit entry or continued presence of patrons under the age of 21 while alcohol is being served to patrons aged 21
and over.
Mr. Rivera moved:
That the above item be,and the above communication from the Office of the City Clerk of Buffalo be received and filed;and
That the application for a restricted use permit in the downtown entertainment review district to permit entry of patrons under the age of 21 where alcohol
is served at an event to occur on February 11,2016,is hereby approved.
PASSED
AYES-9 NOES-0
NO.24
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
249 Ohio Street The Tewksbury Lodge Buffalo's River Fest Park LLC
927 Tonawanda St Suite A Lin Restaurant Lin Food Company Inc
130 Main St Winter Pavilion N/A Global Spectrum LP Erie Canal Deve Corp
206 Allen St Fallie Allen Fallie Allen LLC
RECEIVED AND FILED
NO.25
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-Darlene Muhammad,Megan Young
RECEIVED AND FILED
NO.26
NOTICES OF APPOINTMENTS-COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Rivera moved that the approval of the appointments to the position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment effective December 30,2015 in the Department of Common Council, Division of North District to the Position of Intern IX at the flat rate of
$12.85/hr
David Bette!,64 Filler St, Buffalo, NY 14207
NO.27
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 12/21/2015 in the Department of Public Works, Parks and Streets, Division of Building to the Position of Laborer II,Seasonal at
the Flat Rate of$12.85/hr
Vincent McDuffie,Jr,427 Louisiana St.Apt 3, Buffalo, NY 14204
NO.28
APPOINTMENTS-TEMPORARY,PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum(Temporary, Provisional or Permanent)
(as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CERTIFICATE OF APPOINTMENT
Appointment effective 12/23/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Principal Chief
Stationary Engineer, Permanent at the Minimum Salary of$56,142.00
Timothy Keenan,77 Carlyle Ave, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment effective 12/21/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Laborer II,Temporary
at the Minimum Salary of$24,000.00
Robert Kucharski,63 Pavonia St, Buffalo, NY 14201
CERTIFICATE OF APPOINTMENT
Appointment effective 12/21/2015 in the Department of Public Works, Parks and Streets, Division of Streets to the Position of Truck Driver, Provisional
at the Minimum Salary of$24,000.00
Gregory Brice,98 Kilhoffer St, Buffalo, NY 14211
Stephen Brucato,47 Avery Ave, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective 12/23/2015 in the Department of Public Works, Parks and Streets, Division of Buildings to the Position of Senior 1st Classf
Stationary Engineer,Temporary at the Flat Salary of$15.00/hr
Cherie Ciaudella,51 Schutrum St, Buffalo, NY 14212
CERTIFICATE OF APPOINTMENT
Appointment effective December 17,2015 in the Department of Police, Division of Staff Operations to the Position of Report Technician,Temporary
Appointment at the First Step of$36,587.00
Lynne M.Chojnacki,545 MariIla St, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment effective December 26,2016 in the Department of Assessment and Taxation to the Position of Real Property Appraiser,Temporary at the
First Step of$49,936
Deborah J.Skulski, 175 Whitehall Avenue, Buffalo, NY 14220
NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO.29
B.MCDUFFIE-EC SUBMITTED FINAL REPORT ON BFLO URBAN LEAGUE 2014 PREVENTIVE SERVICES CONTRACT WITH EC SS
Dear Hon.Chwalinski:
We are writing you to let you know that on Wednesday, December 9,the Erie County Comptroller submitted the final report on Buffalo Urban League
2014 Preventive Services contract with Erie County Department of Social Services. In light of the Comptroller statements in the media,we wanted to
share with you some important facts.
The Buffalo Urban League Preventive Services program protects children from neglect and abuse by working with their parents in the home to ensure
the safety and well-being of their children.
We are deeply disappointed with the tone and content of the Report,and we completely reject this report as an unsubstantiated and fatally flawed
document. In the strongest terms possible,we denounce any suggestion that the Buffalo Urban League knowingly"overbilled"for preventive services.
The Report is filled with inaccuracies,a failure to adhere to Generally Accepted Government Auditing Standards,and a complete disregard for factual
evidence.
Following receipt of a draft report on November 4, 2015, our team provided the Comptroller's Office with documented facts that refuted the draft report
findings. We presented these facts during an Exit Conference and followed up with a formal written response. However, instead of including our full
response in the final report,the Comptroller paraphrased our responses to each finding and comment,misrepresenting our positions.
It is important to note that the Report does affirm that the Buffalo Urban League continues to have the complete confidence of the Erie County
Department of Social Services,our contracting agency.The Social Services Commissioner's full response can be found in the report,and is worth
reading.We are pleased to have earned his support on the merits.
Attached you will find a summary of facts. If you have any questions or want to know how you can show support for your Buffalo Urban League,please
do not hesitate to contact Brenda McDuffie, President&CEO,at(716)250-2400 or via e-mail at:bmcduffie@buffalourbanleague.org
RECEIVED AND FILED
NO 30
NYSDEC-BROWNFIELD CLEANUP-837 BAILEY(LOV)
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 837 Bailey Ave.site("site")located at 837 Bailey Ave., 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 NYSDEC under New York's Brownfield Cleanup
Program.The investigation will be performed with oversight by 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 December 21,2015 through January 19,2016.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 proposed site investigation consists of:
i)Sub-surface soil investigation by soil borings.
ii)Installation of groundwater monitoring wells.
The investigation will define the nature and extent of contamination in soil,groundwater and any other parts of the environment that may be affected.
Next Steps
NYSDEC will consider public comments, revise the plan as necessary 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).After the work plan is approved,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 that summarizes 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 and a Decision Document will be proposed.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.
Background
Location:
The property is located in an urban environment and consists of two parcels,837 Bailey Ave.and 79 Dingens St.(see attached maps).The Buffalo
River is located approximately 0.75 miles south of the property and the 1-190(Niagara Thruway)is located approximately 0.5 miles east of the property.
Site Features:
The 837 Bailey Ave.parcel consists of one approximately 4,400 square foot building and a vacant lot consisting of random mounds of soil,wood,
plastic,auto parts,and construction debris.The 79 Dingens St.parcel consists of a railroad and undeveloped land that is predominantly grass/lightly
wooded.
Current Zoning and Land Use:
The property is zoned M-2(General Industrial)and is currently vacant. Previous operations(auto salvage/wrecking facility)reportedly ceased in 2014.
The adjacent properties are a mix of commercial,residential and right-of-ways.
Past Use of the Site:
The subject property was used as an auto salvage/wrecking facility from at least 1940 to 2014,an automotive repair facility from at least 1946 to 1986,a
tire recapping facility in at least 1950,and a filling station was on-site in at least 1946-1950.
Site Geology and Hydrogeology:
Bedrock mapping indicates that the subject property is underlain by bedrock of the Onondaga and Bois Blanc Limestone.Mapping indicates the surficial
geology of the area to consist primarily of lacustrine silt and clay.The thickness varies up to 100 meters. Regional groundwater would appear to flow in a
southerly direction based on a review of geological/soils and USGS quadrangle maps. Previous subsurface investigations conducted at the property
indicate groundwater at approximately 6-8 feet below ground surface(bgs).
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 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.
For more information about the BCP,visit:http://www.dec.ny.qov/chemical/8450.html
FOR MORE INFORMATION
Where to Find Information
Project documents are available at the following location(s)to help the public stay informed
Erie Co. Library-East Clinton-Bailey Branch
1929 Clinton Street
Buffalo, NY 14206
phone:716-823-5626
Project documents are also available on the NYSDEC website at:http://www.dec.ny,gov/chemical/37554.html
Project Related Questions
Jaspal Walia
Department of Environmental Conservation Division of Environmental Remediation 270 Michigan Ave
Buffalo, NY 14203-2915
716-851-7220
jaspal.walia@dec.ny.gov
Site-Related Health Questions
Anthony C. Perretta
Public Health Specialist II
Bureau of Environmental Exposure Investigation
New York State Department of Health
ESP Coming Tower, Rm 1787
Albany, NY 12237
518-402-7860
BEET@health.ny.gov
We encourage you to share this fact sheet with neighbors and tenants,and/or post this fact sheet in a prominent area of your building for others to see.
Receive Site Fact Sheets by Email
Have site information such as this fact sheet sent right to your email inbox. NYSDEC invites you to sign up with one or more contaminated sites county
email Iistservs available at the following web page:http://www.dec.nv.gov/chemicaU61092.html. If s quick,it's free,and it will help keep you better
informed.
As a Iistsery member,you will periodically receive site-related informational announcements for all contaminated sites in the county(ies)you select.
Note: Please disregard if you already have signed up and received this fact sheet electronically.
RECEIVED AND FILED
NO.31
NYSDEC-BROWNFIELD CLEANUP-3 GATES CIRCLE
NYSDEC Certifies Cleanup Requirements Achieved at
Brownfield Site
The New York State Department of Environmental Conservation (NYSDEC) has determined that the cleanup requirements to address contamination
related to the 3 Gates Circle Site("site")located at 3 Gates Circle, Buffalo, Erie County under New York State's Brownfield Cleanup Program have been
or will be met. Please see the map for the site location.
The cleanup activities were performed with oversight provided by NYSDEC. NYSDEC has approved a Final Engineering Report and issued a Certificate
of Completion for the site.Copies of the Final Engineering Report and Notice of the Certificate of Completion are available at the location(s)identified
below under"Where to Find Information."
Completion of Project
1. Excavation and off-site disposal of approximately 1,520 cubic yards of soils contaminated with No.6 fuel oil to achieve Restricted Residential Soil
Cleanup Objectives(RRSCOs).
2. Excavation and off-site disposal of approximately 1,090 cubic yards of soils/fill contaminated with polycyclic aromatic hydrocarbons(PAHs)and
mercury to achieve RRSCOs.
3. Placing a site-wide cover system.The cover system consists of soil,crushed stones,asphalt covered areas,and concrete building slab/foundations.
The soil and/or stone cover system has a minimum 2-foot thickness of soil meeting the Part 375 restricted residential use cover requirements.The soil
cover and crushed stones were placed over an orange mesh demarcation layer where contamination remained below the cover system.
4.An Environmental Easement was placed on the property to restrict land use to restricted residential/commercial/industrial operations and prevent
future exposure to any contamination remaining at the Site.
5. Implementation of a Site Management Plan(SMP)detailing requirements for management of remaining contamination as required by the
Environmental Easement.
6. Implementation of an 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;and
7.Certification that the institutional and engineering controls are still in place and effective will be made annually.
Final Engineering Report Approved
NYSDEC has approved the Final Engineering Report,which:
1)Describes the cleanup activities completed.
2)Certifies that cleanup requirements have been or will be achieved for the site.
3) Describes any institutional/engineering controls to be used. An institutional control is a non-physical restriction on use of the site, such as a deed
restriction,when contamination left over after the cleanup action makes the site suitable for some, but not all uses.An engineering control is a physical
barrier or method to manage contamination such as a cap or vapor barrier.4)Certifies that a site management plan for any engineering controls used at
the site has been approved by NYSDEC.
The following institutional controls have been or will be put in place on the site:
-Environmental Easement
-Soil Management Plan
-Land Use Restriction
-Groundwater Use Restriction
The following engineering controls have been or will be put in place on the site:
-Cover System
Next Steps
With its receipt of a Certificate of Completion,the applicant is eligible to redevelop the site. In addition,the applicant:
• has no liability to the State for contamination at or coming from the site,subject to certain conditions;and
• is eligible for tax credits to offset the costs of performing cleanup activities and for redevelopment of the site.
A Certificate of Completion may be modified or revoked if,for example,there is a failure to comply with the terms of the order or agreement with
NYSDEC.
Background
Location:The site property is located at 3 Gates Circle in the City of Buffalo. It consists of approximately 6.88 acres and encompasses the former
Millard Fillmore Gates Circle Hospital complex.The property is bounded by Delaware Avenue and commercial properties to the west; Linwood Avenue
and a mix of commercial and residential properties to the east; Lafayette Avenue and a mix of commercial and residential properties to the north;and
commercial properties to the south.
Site Features:The site consists of two buildings,cleared areas from demolition of buildings,debris from demolished buildings,and parking areas.
Current Zoning and Land Use:The site is currently zoned R5-residential.
Past Use of the Site:The site was initially developed for residential use and was partially used for tricycle manufacturing pre-1900; By 1916 the site was
beginning to undergo use as a hospital facility,with continued expansion of the hospital complex(Millard Fillmore Gates Circle Hospital)through the
early 1970's.
Site Geology and Hydrogeology:The subsurface soils generally consist of non-native soil/fills in upper four feet overlying native soil.The fill materials
consist of sands,gravels,cinders,bricks,and slag.The native soil is very hard,medium plasticity,reddish brown lean clay present at varying
thicknesses and overlying reddish brown sandy silt.The bedrock is approximately 30 feet below ground surface and is described as gray cherty
limestone.Groundwater is approximately 11 feet below ground surface and flows northerly towards Scajaquada Creek.
Additional site details,including environmental and health assessment summaries,are available on NYSDEC's website at:
http://www.dec.ny.gov/cfinx/extapps/derextenal/haz/details.cfm?pageid=3&progno-C915272
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.ny.,qov/chemical/8450.html
FOR MORE INFORMATION
Where to Find Information
Project documents are available at the following location(s)to help the public stay informed.
Buffalo&Erie County Public Library
Attn:Ms.Mary Schiffhauer
633 Elmwood Avenue
Buffalo, NY 14222
phone:716-883-6651
Project documents are also available on the NYSDEC website at:
http://www.dec.ny.govichemica1/37554.html
RECEIVED FILED
NO.32
NYSDEC-BROWNFIELD CLEANUP-373 HERTEL(NORTH)
Public Comment Invited on Brownfield Site Application
The New York State Department of Environmental Conservation(DEC)has received a Brownfield Cleanup Program(BCP)application from Hertel
Warehouse Inc.for a site known as the Hertel Warehouse Site, ID#C915210.This site is located in the City of Buffalo,within the County of Erie,and is
located at 373 Hertel Avenue.
Comments regarding this application must be submitted no later than January 22,2016.A copy of the application and other relevant documents are
available at the document repository located at the Buffalo and Erie County. Public Library-North Park Branch,975 Hertel Ave, Buffalo.
Information regarding the site and how to submit comments can be found
at http://www.dec.ny.,gov/chemical/60058.html or send comments to Jaspal Walia, Project Manager, NYS Dept.of Environmental Conservation,
Division of Environmental Remediation,270 Michigan Ave, Buffalo, NY 14203;email:jaspal.walia@dec.ny.gov;or call 716-851-7220.
NOTE:General information about New York's Brownfield Cleanup Program can be found at http://www.dec.ny.gov/chemical/8450.htmt
Please do not respond to this email. Replies go to an untended mailbox. If you have questions about the site identified above,please use the contact
information provided above.
RECEIVED AND FILED
NO.33
DOT-NOTICE OF REPEAL-198 RAMP(DEL)
Item available for review in the City Clerk's Office
RECEIVED AND FILED
NO.34
M.ROMANOWSKI-PLANNING BD APPROVAL-854 ELLICOTT(ELL)
I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hail,65 Niagara Square, Buffalo, New York,on the
14th day of December 2015,a resolution was adopted of which the following is a true copy:
Present:
James A.Morrell-Chairman
Henry L. Burns
Horace A.Gioia
Martha Lamparelli
Cynthia A.Schwartz
The following resolution was introduced:
WHEREAS,on November 2,2015, Buffalo Niagara Medical Campus, Inc.("BNMC"or"Applicant"),pursuant to§511-137 et seq.of the Charter and
Code of the City of Buffalo(the"Code")and New York General City Law§27-a,submitted a Letter of Intent("LOI"),including Exhibits"A"through"E,"
to the City of Buffalo Planning Board("Planning Board"),in furtherance of their request for Site Plan approval for the demolition of the Ellicott-Goodrich
Garage(the"Project")located at 854 Ellicott Street,City of Buffalo, New York(the"Site");and
WHEREAS,the Applicants have provided information in the Application materials supporting the request for Site Plan approval;and
WHEREAS,a Public Hearing was held on the matter on November 30,2015,at which time the Applicants presented the details for the Project and all
who wished to comment on the matter were allowed to be heard;and
WHEREAS,the Planning Board has fully reviewed and discussed this matter;and
WHEREAS,the Planning Board has,pursuant to Code§511-137 et seq.and New York General City Law§27-a,received and reviewed the
Application materials for the Project and,after fully discussing this matter,has decided to approve the proposed demolition as presented in the
Application materials;and
WHEREAS, pursuant to the State Environmental Quality Review Act,Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617
("SEQRA"), a governmental agency is required, prior to taking action on an application, to undertake an environmental review of a project to assess
whether the action has the potential to have significant adverse environmental impacts;the Applicants prepared a Full Environmental Assessment Form
("FEAF"),attached as Exhibit"E"to the November 2,2015 LOI,to assist the Planning Board in reviewing the potential impacts of this request;and
WHEREAS,the Planning Board determined that the Project will not have the potential for significant adverse environmental impacts and will not require
the Applicant to prepare a Draft Environmental Impact Statement ("DEIS"). The proposed demolition and long-term lease of the Ellicott-Goodrich
Garage will not create any significant adverse environmental impacts,and the Planning Board has issued a Negative Declaration for this Project.
NOW THEREFORE BE IT RESOLVED BY THE PLANNING BOARD,pursuant to City Code§511-137 et seq.and New York General City Law§27-
a,as follows:
1. The Applicant is seeking Site Plan approval for proposed demolition of the Ellicott-Goodrich Garage.This phase of the Project involves the
demolition of the existing 900 space City of Buffalo-owned parking structure at the comer of Ellicott and Goodrich(address 854 Ellicott Street)
necessary to accommodate the construction of a new parking facility The proposed future parking structure will accommodate parking demand needs of
patients,visitors,student,faculty,staff and valet storage of institutions on the Buffalo Niagara Medical Campus.
2. The Planning Board has made the following determinations with respect to the Applicants'request for Site Plan approval for the Project:
The Project will comply with the New York State Uniform Fire Prevention and Building Code;
b.The Project will not have any significant adverse environmental impacts;
c.The impacts of the demolition will be minimized to the greatest extent possible;
The Project will incorporate storm water measures to comply with the standards set forth in the Buffalo Sewer Authority's Stormwater Management Plan
and protect sewer inlets and streets from materials leaving the demolition site;The Project provides adequate fire lanes and emergency access;
The Project is not anticipated to result in any ponding,flooding and/or erosion;and
The demolition will facilitate the construction of a facility which will meet recognized needs in the Site's area and will be a positive addition that is
compatible with the surrounding uses,structures and buildings.
4. This resolution shall be effective immediately.
PASSED AND ADOPTED by the City of Buffalo Planning Board on the 30`h day of November,2015.
Upon roll call vote:
AYE
Henry Burns
Horace A.Gioia
Martha Lamparelli
Cynthia Schwartz
Mr. Rivera 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 recommendation of the Planning Board with respect to the application of M. Romanowski for the project
at 854 Ellicott.
PASSED
AYES 9, NOES 0
NO.35
M.ROMANOWSKI-SEQR-854 ELLICOTT ST(ELL)
STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION OF SIGNIFICANCE
This notice is issued by the City of Buffalo("the City)Planning Board(the"Planning Board")in a Coordinated Environmental Impact Review pursuant to
and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth at
Part 617 of Title 6 of the New York Code of Rules and Regulations(collectively,"SEQRA").
The Planning Board has determined that the proposal by Buffalo Niagara Medical Campus, Inc.("BNMC"or"Applicant"),pursuant to§511-137 et seq.
of the Charter and Code of the City of Buffalo(the"Code")and New York General City Law§27-a,to acquire and demolish the Ellicott-Goodrich
Garage("Project")as described herein,will not have any significant adverse impact on the environment;that a Negative Declaration pursuant to SEQRA
should be issued;and that no Environmental Impact Statement need be prepared for this specific project.
Reasons supporting this determination are fully explained below.
Project Name: Acquisition and demolition of the Ellicott-Goodrich Garage
SEQRA Status: Unlisted:X
Affected Parcel 854 Ellicott Street
Tax Parcel ID: 100.71-5-2.11
Buffalo, New York
Zoning District: CM Commercial and R3 Dwelling
Project Description:
This phase of the Project involves the acquisition of a long-term interest and demolition of the existing 900 space City of Buffalo-owned parking structure
at the comer of Ellicott and Goodrich(address 854 Ellicott Street)necessary to accommodate the construction of a new parking facility.The proposed
replacement parking structure will accommodate parking demand needs of patients,visitors,student,faculty,staff and valet storage on the Buffalo
Niagara Medical Campus.
The demolition of the structure will comply with all applicable federal,state and local requirements and appropriate mitigation measures will be employed
to minimize adverse environmental impacts.
Reasons Supporting This Determination:
Background
1.The Planning Board has authority over this Project,with discretion to approve or disapprove the Site Plan.The Planning Board also has authority to
impose appropriate conditions necessary to mitigate any potentially adverse environmental impacts.As such,the Planning Board is an appropriate entity
to review the Project and to serve as Lead Agency under SEQRA.
2.On November 2,2015,the Planning Board issued a Notice of Intent to Act as Lead Agency and no agency has objected to this appointment.
3.On November 2,2015,the Applicant provided detailed Project information.The submissions included a Full Environmental Assessment Form,a Site
Plan and related materials,a survey and structure and area photographs.
4.The Planning Board held a meeting on November 30,2015,at which the Applicant presented details about the Project and answered questions from
Planning Board members concerning its potential environmental impacts.
5.The Planning Board has carefully considered the full scope of the Project and reviewed and considered all materials related to it,including the Letter
of intent and all the exhibits and attachments thereto,dated November 2,2015 seeking approval of the proposed renovation and demolition.
Environmental Setting
1.The Site is within 1500 feet of Gates Vascular Institute, Buffalo Hearing and Speech Center, Research Institute on Addictions, Buffalo General
Hospital and future Children's Hospital.
2.The Project represents an excellent opportunity to replace a deteriorating structure that does not meet ADA requirements with a new facility that will
accommodate more vehicles and meet or exceed all applicable codes.
3.The Project will require a Demolition Permit for the demolition of the existing Ellicott-Goodrich Garage.
4.The Project is grounded in all the current planning documents of the City of Buffalo and Western New York Region.Several of the key principals of
the City of Buffalo Comprehensive Plan are(1)Smart Growth,(2)Sustainability and(3)"Fix the Basics, Build on Assets". Because this project includes
the replacement of an outdated public facility with a larger,more accommodating structure,we believe that it is perfectly aligned with these principals of
the Comprehensive Plan.
Analysis of Impacts to Environmental Resources
Impacts on Drainage,Surface Water or Groundwater Quality or Quantity
During the demolition portions of the Project,the Project will utilize appropriate stormwater control practices and will comply with all applicable City or
State requirements.The measures to be utilized at the Site during construction include sand bag erosion protection and a stabilized construction
entrance.
There are no surface water features on or near the Site,and the Site's block is adequately served by existing storm sewers.
As a result of the Project's location,limited scope and stormwater management measures,it will not result in any significant adverse impacts on surface
water or groundwater quality or quantity.
Impacts on Air Quality
The proposed demolition will result in the generation of dust.The Applicant will employ standard watering techniques to limit dust generation and
migration from the Site. For these reasons,the Project will not result in any significant adverse impacts on air quality.
Impacts on Noise Levels
The Project will generate additional noise during demolition. However,these impacts will be temporary,but such impacts will be minimized to the extent
possible.The Site is located in an urban area with typical ambient city noise,and the Project will not change this condition. However,given the proximity
to the Buffalo Hearing and Speech Center,the Applicant will coordinate demolition activities with the Center to minimize impacts on their operations.
With the management plans to be implemented by the Applicant,the Project will not have any significant adverse impacts on noise levels in the area.
Impacts on Historical,Archeological,Architectural or Aesthetic Resources or Neighborhood Character
The Project does not impact any structures of historical significance.The Site is not located in or immediately adjacent to an active archaeological site or
a site listed on the State or National Register of Historic Places.
For these reasons,the Project will not have any significant adverse impacts on historical,archaeological,architectural or aesthetic resources or
neighborhood character.
Impacts on Community Services
Community services include such things as law enforcement,fire protection and emergency services.There is no reason to anticipate significant
increased demand with respect to such services as a result of a demolition. Fire and emergency access to the Site via existing roadways is sufficient to
satisfy the requirements of the Fire Code of New York State(incorporated into New York law by reference at 19 N.Y.C.R.R.§1225.1). Police and fire
protection are adequate to serve the highly developed urban area surrounding the Site,and no significant additional burden on these services is
expected.
While a public parking garage could be part of community services,the Project,and in particular the requirements to replace the structure as part of the
long-term lease with the City,will minimize any adverse impacts on public parking resources.The replacement ramp will be constructed within the next
18 months and will double the existing parking available at the Site. During construction,the BNMC will manage the parking needs through the use of
other,underutilized structures and management of employee parking.
For these reasons,the Project will not have any significant adverse impacts on community services.
Conclusion:
A thorough analysis of all potential negative environmental impacts associated with the Project reveals that the potential for such impacts with respect to
acquisition and demolition of the Ellicott-Goodrich Garage is minimal and it has been mitigated to the greatest extent practicable.As a result,there will
be no significant adverse environmental impacts associated with this specific Project.
While the Planning Board is aware that a replacement structure will be constructed on-site,the Applicant is still in the process of designing the
structure.As a result,the Planning Board has insufficient information to determine the future,long-term impacts of the replacement of the existing
garage. However,since the replacement structure will also be subject to Site Plan review,the Planning Board will conduct an environmental analysis of
the replacement structure when those details become available.The Planning Board believes that this is no less protective of the environment as a full
environmental review will be conducted on the replacement structure before construction will be permitted.
The Planning Board determined that the acquisition and demolition of the Ellicott-Goodrich Garage project will not create any significant adverse
environmental impacts.Accordingly,it is appropriate for the Planning Board to issue a Negative Declaration for the Project.
For Further Information Contact: Nadine Marrero
City of Buffalo Director of Planning
Room 901,65 Niagara Square
Buffalo, NY 14202
716-851-5029
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO.36
M.ROMANOWSKI-SEQR APPROVAL 1391 HERTEL(DEL)
BE IT RESOLVED:
I hereby certify that at a meeting of the City of Buffalo Planning Board held at its offices at 901 City Hall,65 Niagara Square, Buffalo, New York,on the
14th day of December 2015,a resolution was adopted of which the following is a true copy.
Present:
James A.Morrell-Chairman
Horace A.Gioia
Cynthia A.Schwartz
Henry L. Bums
Martha Lamparelli
The following resolution was introduced:
WHEREAS,on November 2,2015, Iskalo Development Corp and Iskalo 1391 Hertel LLC(collectively the"Applicants"),pursuant to§511-137 et seq.
of the Charter and Code of the City of Buffalo(the"Code")and New York General City Law§27-a,submitted a Letter of Intent("LOI"),including
Exhibits"A"through"J,"to the City of Buffalo Planning Board("Planning Board"),in furtherance of their request for Site Plan approval for the proposed
renovation and adaptive re-use of the former St.Margaret's elementary school building(the"Project")which includes the demolition of the former
convent and selective demolition of portions of the interior of the school,as well as the renovation of the former elementary school building located at the
comer of Hertel and Saranac Avenues(the"Site");and
WHEREAS,the Applicants have provided information in the Application materials supporting the request for Site Plan approval;and
WHEREAS,a Public Hearing was held on the matter on November 30,2015,at which time the Applicants presented the details for the Project and all
who wished to comment on the matter were allowed to be heard;and
WHEREAS,the Planning Board has fully reviewed and discussed this matter;and
WHEREAS,the Planning Board has,pursuant to Code§511-137 et seq.and New York General City Law§27-a,received and reviewed the
Application materials for the Project and,after fully discussing this matter,has decided to approve the Site Plan as presented in the Application
materials;and
WHEREAS,pursuant to the State Environmental Quality Review Act,Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617
("SEQRA"),a governmental agency is required,prior to taking action on an application,to undertake an environmental review of a project to assess
whether the action has the potential to have significant adverse environmental impacts;the Applicants prepared a Full Environmental Assessment Form
("FEAF"),attached as Exhibit"J"to the November 2,2015 LOI,to assist the Planning Board in reviewing the potential impacts of this request;and
WHEREAS,the Planning Board determined that the Project will not have the potential for significant adverse environmental impacts and will not
require the Applicant to prepare a Draft Environmental Impact Statement("DEIS").The proposed renovation and adaptive re-use of the school building
and demolition of the former convent will not create any significant adverse environmental impacts,and the Planning Board has issued a Negative
Declaration for this Project.
Now THEREFORE BE IT RESOLVED BY THE PLANNING BOARD,pursuant to City Code§511-137 et seq.and New York General City Law§27-a,
as follows:
1. The Applicants are seeking Site Plan approval for proposed demolition of the former convent and selective demolition of portions of the interior of
the school and renovation and adaptive re-use of the former St.Margaret's elementary school building including 23 apartments and limited commercial
space and associated improvements and approximately 2,000 square feet of commercial space on the main level fronting Hertel Avenue.Apartment
sizes will range from approximately 770 to 1,300 square feet.The scope of the Project will include all new mechanicals and plumbing as well as a new
gated parking lot(separate from the remainder of the parish property)for 49 cars and related site infrastructure and landscape.
2.The Project includes the following key elements:
a.Abatement of lead-based paint and asbestos containing material;
b.Selective demolition of obsolete building partitions and components;
c. Installation of a new entrance to the building accessible from the new parking lot;
d. Installation of an elevator;
e. Installation of a gated and fenced parking area and selective plantings within the Saranac Avenue right-of-way to screen the parking area;
f. Installation of new curbing and sidewalk along Saranac Avenue and transplanting 3 oak trees to create a better streetscape while facilitating the new
parking lot entrance;
g.Other than the structure of the building,all interior improvements for the apartments will be new construction,including all new systems for plumbing,
mechanical and electrical;
h.A new floor will be installed approximately 4 feet above the existing first floor to raise it to the exterior grade;
i.A new facade for the portion of the building facing Hertel Avenue will be constructed,providing improved aesthetics over the existing structure and an
at-grade entrance for the commercial space;and
j.A plaza or patio will be constructed that will"connect"the commercial space(and the building)to Hertel Avenue.
3.The Planning Board has made the following determinations with respect to the Applicants'request for Site Plan approval for the Project:
a.The Project will comply with the New York State Uniform Fire Prevention and Building Code;
b.The Project will not have any significant adverse environmental impacts;
c.The proposed design for the Project is aesthetically appropriate and will provide residential and non-residential offerings to meet the growing
needs in the Site's neighborhood;
d.The design of entrances and traffic circulation surrounding the Project will minimize the potential adverse impacts to traffic flows in the vicinity
of Project Site;
e.The Project will add sufficient parking to serve the Site and to comply with the parking requirements set forth at Code§511-96,and adequate
snow storage will be provided on-site;
f.The Project incorporates adequate and significantly improved ingress,egress and disabled accessibility for pedestrians;
g.The Project will incorporate stormwater retention measures to comply with the standards set forth in the Buffalo Sewer Authority's Stormwater
Management Plan;
h.The Project incorporates adequate and appropriate landscaping that satisfies City requirements for the Site;
i.The Project provides adequate fire lanes and emergency access;
j.The Project is not anticipated to result in any ponding,flooding and/or erosion;and
k.The Project and the Site Plan will meet recognized needs in the Site's area and will be a positive addition that is compatible with the
surrounding uses,structures and buildings.
4.This resolution shall be effective immediately.
PASSED AND ADOPTED by the City of Buffalo Planning Board on the 14th day of December,2015.
Upon roll call vote:
AYE NAY
James Morrell,ChairX
Henry Burns X
Horace A.Gioia X
Martha Lamparelli X
Cynthia Schwartz X
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.37
M.ROMANOWSKI-SEQR APPROVAL 1391 HERTEL(DEL)
NOW BE IT RESOLVED:
I hereby certify that at a meeting of the City of Buffalo Zoning Board of Appeals held at its offices at 901 City Hal!,65 Niagara Square, Buffalo, New
York,on the 16th day of December,2015,a resolution was adopted of which the following is a true copy:
Present:
Rev.James A. Lewis, Ill-Chairman
Anthony Diina
William Grillo
Tuona Bachelor
Bernice Radley
The following resolution was introduced:
WHEREAS,on November 2,2015, Iskalo Development Corp and Iskalo 1391 Hertel LLC(collectively the"Applicants"),pursuant to§511-122 et.seq.
and§511-146 et seq.of the Charter and Code of the City of Buffalo(the"Code")and New York General City Law§81-b,submitted a Letter of Intent
("LOI"),including Exhibits A-J,to the City of Buffalo Zoning Board of Appeals("ZBA"),in furtherance of the Applicants'request for an Area Variance for
a fencing and screening associated with the proposed renovation and adaptive re-use of the former St.Market's Elementary School project(the
"Project"),to be located at the corner of Hertel and Saranac Avenues,City of Buffalo, Erie County, New York(the"Site");and
WHEREAS,the Applicants have provided information in the LOI supporting the request for an Area Variance for the proposed fencing and screening;
and
WHEREAS,a public hearing was held on the matter on December 16,2015 at 2:00 p.m.upon proper notice,at which the Applicants presented design
details for the Project and all interested parties were given an opportunity to be heard;and
WHEREAS,the ZBA has fully reviewed and discussed this matter;and
WHEREAS,the Site is currently zoned C2"Community Business"and R2"Dwelling"Districts;and
WHEREAS,pursuant to the State Environmental Quality Review Act,Article 8 of New York Environmental Conservation Law and 6 NYCRR Part 617
("SEQRA"),a governmental agency is required,prior to taking action on an application,to undertake an environmental review of a project to assess
whether the action has the potential to have significant adverse environmental impacts,and the City of Buffalo Planning Board(the"Planning Board"),
acting as Lead Agency in a Coordinated Review of the Project,issued a Negative Declaration under SEQRA on December 14,2015,a copy of which is
attached hereto;and
WHEREAS,the ZBA has determined that the potential impacts associated with the requested Area Variance are minimal in light of the significant
existing right-of-way depth and benefits of the proposed screening,and any negative impacts have been minimized to the greatest extent practicable;
and
WHEREAS,the ZBA has,pursuant to Code§511-122 et.seq.and§511-146 et seq.and New York General City Law§81-b,received and reviewed
the Application materials for the Project,and after fully discussing this matter,has decided to approve the requested Area Variance.
NOW THEREFORE BE IT RESOLVED BY THE ZONING BOARD OF APPEALS,pursuant to City Code§511-122 et seq.and§511-146 et seq.and
New York General City Law§81-b,as follows.
1.The Applicants seek an Area Variance for the installation of a black metal fence along Saranac Avenue.As set forth in§511-96,any fencing used to
screen a parking area facing a residential district must be outside the required side setback. Because the fencing is located in the R2 District portion of
the Site,the required setback is 7.5'and the proposed fence is located on the western property line.Thus,the Applicants seek an area variance for the
location of this fence.
2.The ZBA has made the following determinations with respect to the Applicants'request for an Area Variance for the side setback for the proposed
fence along Saranac Avenue:
a.That on-site parking at the Site helps minimize any impacts of the Project on the surrounding neighborhood.The setback variance would
permit additional on-site parking to eliminate the need for off-site parking associated with the Project;
b.That the Applicants could place the fencing 7.5'back from the property line,but it would eliminate an entire row of on-site parking.
Because off-street parking is limited in the area,forcing additional vehicles onto the street would be detrimental to the community;
c.That in an urban setting like the Project Site,especially one where there is a very deep existing right-of-way,the proposed Area
Variance is not substantial,and would have limited impact on neighboring properties;
d.That the requested Area Variance will not produce an undesirable change or a detriment to nearby properties.The proposed fencing
and screening will provide an aesthetically pleasing screen of the parking area facing the residential structures across Saranac Avenue.
There is no effective visual difference between placing the fence on the property line as compared to 7.5'off the property line;and
e.That while the need for this Area Variance may be self-created,the Site is limited in size and there are no other feasible alternatives for
providing the desired parking.Accordingly,the self-created nature of the requested variance does not warrant denying the variance.
3. For the foregoing reasons,the ZBA approves the requested Area Variance for the location of the fence,allowing said fence to be located on the
property line rather that 7.5'back from the property line.
4.This resolution shall be effective immediately.
PASSED AND ADOPTED by the City of Buffalo Zoning Board of Appeals on the 16th of December,2015.
Upon roll call vote:
AYES: NAYS:
James A. Lewis
William Grillo
Anthony Diina
Tuona Batchelor
Bernice Radle
RECEIVED AND FILED
NO.38
M.ROMANOWSKI-PLANNING BD-1391 HERTEL(DEL)
STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION OF SIGNIFICANCE
This notice is issued by the City of Buffalo("the City")Planning Board(the"Planning Board")in a Coordinated Environmental Impact Review pursuant
to and in accordance with Article 8 of the New York State Environmental Conservation Law and the regulations promulgated under Article 8 and set forth
at Part 617 of Title 6 of the New York Code of Rules and Regulations(collectively,"SEQRA").
The Planning Board has determined that the proposal by Iskalo Development Corp and Iskalo 1391 Hertel LLC(collectively the"Applicants"),pursuant
to§511-137 et seq.of the Charter and Code of the City of Buffalo(the"Code")and New York General City Law§27-a,to renovate the former St.
Margaret's school and demolish the former convent located at the rear of the Site("Project")as described herein,will not have any significant adverse
impact on the environment;that a Negative Declaration pursuant to SEQRA should be issued;and that no Environmental Impact Statement need be
prepared for this specific project.
Reasons supporting this determination are fully explained below.
Project Name: Former St.Margaret's School Redevelopment
SEQRA Status: Unlisted X
Affected Parcel: 1391 Hertel Avenue
Tax Parcel ID:78.73-3-1.1
Buffalo, New York
Landowners: Iskalo Development Corp and Iskalo 1391 Hertel LLC Cl and R2
Zoning District: Cl and R2
Project Description:
The property to be redeveloped consists of a portion of the St.Margaret's parish property at 1391 Hertel Avenue(SBL#78.73-3-1.1),located on the
comer of Hertel Avenue and Saranac Avenue("Site").The Site is located in both the Community Business("C2")and Dwelling("R2")districts.
The Site includes the former St.Margaret's School consisting of 30,190±square feet and a former convent to the rear.The Project involves the
demolition of the former convent and selective demolition of portions of the interior of the school. It also involves the adaptive reuse of the former St.
Margaret's elementary school into a mixed-use building consisting of twenty three, 1 and 2 bedroom apartments and approximately 2,000 square feet of
commercial space on the main level fronting Hertel Avenue.Apartment sizes will range from approximately 770 to 1,300 square feet.The scope of the
Project will include all new mechanicals and plumbing as well as a new gated parking lot(separate from the existing parking on the parish property)for
49 cars and related site infrastructure and landscape.
Reasons Supporting This Determination
Background
1.The Planning Board has authority over this Project,with discretion to approve or disapprove the Site Plan.The Planning Board also has authority to
impose appropriate conditions necessary to mitigate any potentially adverse environmental impacts.As such,the Planning Board is an appropriate entity
to review the Project and to serve as Lead Agency under SEQRA.
2.On November 2,2015,the Planning Board issued a Notice of Intent to Act as Lead Agency for the Project. No opposition was raised to the Planning
Board acting as Lead Agency.
3.On November 2,2015,the Applicants provided detailed Project information.The submissions included a Full Environmental Assessment Form,a
Site Plan and related materials,a survey and various application forms for the required approvals described above.
4.The Planning Board held a meeting on November 30,2015,at which the Applicants presented details about the Project and answered questions from
Planning Board members concerning its potential environmental impacts.Subsequent to that meeting,on December 11,2015,the Applicants provided
a slightly-revised Site Plan addressing the concerns over potential impacts to street trees in the City right-of-way.
5.The Planning Board has carefully considered the full scope of the Project and reviewed and considered all materials related to it,including all
materials provided by Applicants submitted in support of their requested approvals.
Environmental Setting
6.The school building is presently set back from Hertel Avenue,thus the redevelopment plan includes the construction of a plaza or patio that will
"connect"the commercial space(and the building)to Hertel Avenue.
7.The Project represents an excellent opportunity to invigorate a critical block within the Hertel Avenue business district through the redevelopment and
re-activation of a prominent building that has been vacant since 2012.
8.The Project will require Demolition Permits for selective demolition of interior portions of the school as well as demolition of the former convent
building and a Building Permit for the proposed renovation of the school and Site improvements.
9.The Project may also require coverage under the New York State Pollutant Discharge Elimination System("SPDES")General Permit for Stormwater
Discharges from Construction Activity(Permit No.GP-0-10-001),and permits for water and sewer connections.
10.The Project is grounded in all the current planning documents of the City of Buffalo and Western New York Region.Several of the key principals of
the City of Buffalo Comprehensive Plan are(1)Smart Growth,(2)Sustainability and(3)"Fix the Basics, Build on Assets". Because this project includes
the adaptive reuse of a vacant building in an existing neighborhood and will incorporate sustainable measures,we believe that it is perfectly aligned with
these principals of the Comprehensive Plan.
Analysis of Impacts to Environmental Resources
Impacts on Drainage,Surface Water or Groundwater Quality or Quantity
During the demolition portions of the Project,the Project will utilize appropriate stormwater control practices and will comply with all applicable City or
State requirements.The measures to be utilized at the Site during construction include sand bag erosion protection and a stabilized construction
entrance.
There are no surface water features on or near the Site,and the Site's block is adequately served by existing storm sewers.
As a result of the Project's location,limited scope and stormwater management measures,it will not result in any significant adverse impacts on surface
water or groundwater quality or quantity.
Impacts on Air Quality
The proposed demolition will result in the generation of dust.The Applicants will employ standard watering techniques to limit dust generation and
migration from the Site. For these reasons,the Project will not result in any significant adverse impacts on air quality.
Impacts on Noise Levels
The Project will generate additional noise during demolition. However,these impacts will be temporary,but such impacts will be minimized to the extent
possible.The Site is located in an urban area with typical ambient city noise,and the Project will not change this condition.
For these reasons,the Project will not have any significant adverse impacts on noise levels in the area,
Impacts on Historical,Archeological,Architectural or Aesthetic Resources or Neighborhood Character
The Project does not impact any structures of historical significance.The Site is not located in or immediately adjacent to an active archaeological site or
a site listed on the State or National Register of Historic Places.
For these reasons,the Project will not have any significant adverse impacts on historical,archaeological,architectural or aesthetic resources or
neighborhood character.
Impacts on Community Services
Community services include such things as law enforcement,fire protection and emergency services.There is no reason to anticipate significant
increased demand with respect to such services as a result of a demolition. Fire and emergency access to the Site via existing roadways is sufficient to
satisfy the requirements of the Fire Code of New York State(incorporated into New York law by reference at 19 N.Y.C.R.R.§1225.1). Police and fire
protection are adequate to serve the highly developed urban area surrounding the Site,and no significant additional burden on these services is
expected.
For these reasons,the Project will not have any significant adverse impacts on community services.
Impacts on Traffic and Parking
Originally,the Site was used as a school which generated fairly significant traffic at its peak.The proposed reuse for 23 residential units and 2,000 sq.ft,
of commercial space represents a significant reduction over past uses. Further,the Applicants provided an analysis demonstrating that the Project will
not have a significant impact on traffic on Saranac or Hertel Avenues.
With respect to parking,the City required 36 spaces and the Project includes 49.As a result,the Project is not anticipated to adversely impact parking
in vicinity of the Site.
For these reasons,the Project will not have any significant adverse impacts on traffic or parking.
Impacts on Flora or Fauna and land
The Site is located in a densely developed urban neighborhood and has been a disturbed site since the early 1900's.There are no significant plant or
animal species on Site.The Applicants have taken steps to mitigate the loss of any significant vegetation by relocating three oak street trees and one
other tree internal to the Site.Additionally,there will be plantings along the proposed fence on Saranac Avenue,further increasing the value of the
vegetation on the Site. For these reasons the Project will not have any significant adverse environmental impacts on Flora or Fauna.
Energy
The Project will renovate a 1960's era or older school that had inefficient HVAC systems and windows with modern equipment. Further,the Project,
being largely residential,is a low-density energy user as compared to the former school.The combination of these factors dictates that the Project will
not have any significant adverse environmental impacts on energy resources.
Conclusion:
A thorough analysis of all potential negative environmental impacts associated with the Project reveals that the potential for such impacts with respect to
renovation of the former St.Margaret's School and demolition of the former convent is minimal and it has been mitigated to the greatest extent
practicable.As a result,there will be no significant adverse environmental impacts associated with this specific Project.
The Planning Board determined that the overall Former St.Margaret's School Redevelopment will not create any significant adverse environmental
impacts.Accordingly,it is appropriate for the Planning Board to issue a Negative Declaration for the Project.
For Further Information Contact: Nadine Marrero
City of Buffalo Director of Planning
Room 901,65 Niagara Square
Buffalo, NY 14202
716-851-5029
Supporting Documentation:
• Applicants'Letters of Intent dated November 2 and December 11 2015
• Site Plan,as amended
• Boundary Survey
• Landscaping Plan
• Utility Plan
• Elevations
• Section Drawings
• Site Plan Application
• Full Environmental Assessment Form
RECEIVED AND FILED
NO.39
B.YUNKE-LIBERTY CAB-LACK OF ACCESSIBILITY UBER
Accessibility as Challenge in Age of Uber
About New York
By JIM DWYER DEC.22,2015
Two years ago,in Michael R. Bloomberg's last days as mayor,he promised that by 2020,half of New York City's yellow taxis would be accessible to
people in wheelchairs and motorized scooters.
It seemed to be a triumphant chapter in a civil rights struggle that has stretched across four decades to get access to public transportation services by
people who use wheelchairs. New York had been the first city in the country to make all its buses wheelchair-accessible,a change that began with a
lawsuit in 1979 and was settled in 1984 by Gov.Mario M.Cuomo.The subway system began slowly--to put elevators into stations.
Jim Weisman,the president of the United Spinal Association,brought the lawsuit against the state in 1979,and more than 3o years later,sued the city
during the Bloomberg administration to require that future cabs could be used by people in wheelchairs.The last-minute decision to settle was a change
of heart.
Then along came Uber,and a slow-moving civil rights revolution ran into the big-bang moment of the"sharing economy".
At the time Mr. Bloomberg settled the suit,there were 13,587 yellow cabs in the city about twice as many cars as were available through the Uber app.
Today,there are more than 34,000 Uber cars in the five boroughs and still only 13,587 yellow cabs.
Uber is not covered by the city's accessibility requirements for taxicabs.
"Uber says they're not a provider of transportation,they're an app,"Mr.Weisman said.
That view effectively puts Uber beyond labor laws and many transportation regulations.
Uber drivers are independent contractors,pay a percentage of their fares to the company and are free to work as much or as little as they want. Riders
use the app to request a ride,and a driver responds.The billing is all done through the smartphone. No matter what it looks like, Uber says,it's not a taxi
business,or a livery service;it's a company that uses software to redirect fistfuls of electrons flung by people looking for rides to other people willing to
provide them.
"They don't require their drivers to buy accessible vehicles,nor do they incentivize those drivers to buy them,"Mr.Weisman said.
So has the revolution in mobility possibilities for people in wheelchairs hit a wall in Uber?Not at all,argues Uber,which is now one of the world's most
valuable private start-up companies and the flagship business of the sharing economy.
Riders who need a wheelchair-accessible vehicle can use a special tab on the app to call for a car that can accommodate them,says Matthew Wing,a
spokesman for Uber.About 4,000 Ofthe 34,000 cars in the Uber system are city-licensed cabs,and 400 of them can accommodate wheelchairs. In all,
4,000 trips a month are taken by people who call specifically for those accessible cabs,Mr.Wing said,and riders are picked up,on average,within five
to seven minutes.
Mr.Weisman said his organization had been informally testing that feature."Sometimes it works very well,"he said."We've had five minutes,we've had
45 minute waits,and no-shows."
More to the point,he said, Uber and others in similar businesses--like Lyft--are not obliged to make sure there is an adequate fleet of accessible cars.
The yellow cabs appear to be in a downward arc:The value of the city medallions needed to operate them has dropped precipitously since Uber
emerged.The industry with the duty to carry people in chairs appears to be in decline. It is being replaced by an app that has no mandate.
Mr.Wing said Uber's app had made travel better for people in wheelchairs,and for other people who could not drive themselves,like those with seizure
disorders,or people who cannot see.
Uber needs revisions to insurance laws that have not kept up with this new form of business.Mr.Weisman said it was a perfect moment to require
Uber-type companies to have accessible fleets. He argued that the State would not have the full expense of running the paratransit system of vans that
move thousands of people in wheelchairs,at a cost of$60 per trip.(Over the course of a year,that is as expensive as running a big suburban railroad.)
The saving could be used to create incentives for accessible Uber-style vehicles,he said.
"This would be good government,"Mr.Weisman said."And a civil rights coup."
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND
INSPECTIONS
PETITIONS
NO.40
C.DELORENZO,OWNER,USE 766 ELMWOOD FOR A SIT-IN RESTAURANT IN
THE ELMWOOD BUSINESS DISTRICT
(DEL)(HRG 1/12)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.41
S.MUCINO,OWNER,USE 153 ELMWOOD TO RE-ESTABLISH AN EXISTING RESTAURANT
IN THE ELMWOOD AVENUE SPECIAL ZONING DISTRICT
(FILL)(HRG 01/12)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.42
L.BRANDON,AGENT,USE 1391 HERTEL FOR APPROVAL OF FENCE
(DEL)(NO HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.43
S.WILKINS,OWNER,USE 537 MAIN FOR AN OUTDOOR CAFE IN FRONT OF AN EXISTING RESTAURANT
(ELL)(NO HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.44
R.WYATT-B.TOLBERT-R.MACK&O-SUPPORT ORNAMENTAL LIGHTING FIXTURE
Dear Mr.Wyatt,
As promised to Doris Corley,enclosed please find the University Avenue residential signatures in support of the ornamental lighting fixture to be re-
installed on University Circle.
Your support in this project was instrumental in its final approval and so appreciated by us'arid the entire neighborhood.A special shout-out to Doris
Corley,who we worked closely with on this project,for her dedication and assistance with the approval process.
Thank you both so much for making this happen.Your attention to our neighborhood is not going unnoticed.
Have a great holiday season;we look forward to working with you in the coming years.
Sincerely,
Bernie Tolbert
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND
STREETS
CIVIL SERVICE
(RASHEED N.C.WYATT,CHAIRPERSON)
NO.45
APPOINT COORD OF ANTI-GRAFFITI&CLEAN CITY PROGRAM(PROV)MAX)(OLIVENCIA)(MAYOR)
(CCP#15-2514,12/22)
Mr.Wyatt moved:
That Communication 2514 of December 22,2015,be received and filed and that the Provisional appointment of Wilmer Olivencia,712 Prospect Ave,
Buffalo NY 14213 at the Maximum Salary of$60,560.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.46
APPOINT SR.1ST CLASS STATIONARY ENGINEER(PERM)(MAX)(KEENAN)(PW)
(CCP#15-2539,12/22)
Mr.Wyatt moved:
That Communication 2539 of December 22,2015,be received and filed and that the Permanent Appointment of Colin Keenan,77 Carlyle Ave, Buffalo
NY 14220 at the Maximum Salary of$43,250.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.47
APPOINT LABORER II(PERM)(INTER)(ROGOWSKI)(PW)
(CCP#15-2540,12/22)
Mr.Wyatt moved:
That Communication 2540 of December 22,2015,be received and filed and that the Permanent appointment of Mark Rogowski, 125 Ridgewood Ave,
Buffalo NY 14220 at the Intermediate Salary of$24,000.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.48
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM
(CCP#15-2549,12/29)
Mr.Wyatt moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(RICHARD A.FONTANA CHAIRMAN)
NO.49
CITY WIDE BROADBAND MUNICIPAL INTERNET(PW)(#2344,11/24)(CCP#15-2572,12/29)
Mr. Fontana moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
LEGISLATION
(CHRISTOPHER P.SCANLON,CHAIRMAN)
NO.50
FOOD STORE LICENSE(NEW)-160 DOAT-(FILL)(EDPI)
(ITEM NO.2541,C.C.P.,DEC.22,2015)
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 Permits and Inspections Services hereby approves the application of Muneer Alafefi d/b/a Alfy's II Food Market to operate a
food store located at 160 Doat upon the following conditions:
• Hours of operation:store must close by 11:00 p.m.Sunday through Saturday
• House of operation:store must close by 12:00 midnight on Friday and Saturday
• No hand painted signs
• No obstruction of windows
• Working security cameras inside and outside of the store
• No selling of loose"items,i.e.,cigarettes,single diapers
• No selling of drug paraphernalia,including"one-hit"glass tubes,cigarette rolling papers
PASSED
AYES-9 NOES-0
NO.51
FOOD STORE LICENSE(NEW)860 WALDEN(LOV)(EDPI)
(ITEM NO.2542,C.C.P.,DEC.22,2015)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
Mr.Scanlon moved that the above item be recommitted to the Committee on Legislation.
ADOPTED
NO.52
CONDITIONS FOR MASTEN DISTRICT FOOD STORE LICENSES
(ITEM NO.2555,C.C.P.,DEC.22,2015)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for adoption;
That the Common Council hereby approves the following conditions for Masten District Food Store Licenses:
1. Hours of store operation shall be between 7:00 a.m.to 11:00 p.m.Sunday-Thursday and 7:00 a.m.to midnight Friday and Saturday,unless
otherwise approved by the Common Council.
2.Must have two(2)security cameras"At Point of Sale";one at the entrance pointing towards the register and one at exit.Security cameras
must record and store information for at least thirty(30)days.
3.All security cameras must be registered with the Buffalo Police Department for use regarding crime investigations.
4."No Loitering"signs to be clearly posted and enforced by store employees.
5. No spray painted,hand painted,or air-brushed signage or graphics on building.
6.Must have trash receptacles outside store and must be maintained;all trash,store boxes,store pallets,etc.should be stored in a dumpster out
of the public sight and should be picked up regularly to prevent the attraction of rodents.
7. No outside signage advertising tobacco,gambling(lottery)or alcohol.
8. No selling of loose items,i.e.,cigarettes,diapers,etc.
9. No selling of drug paraphernalia of any type.
10. No payphones outside of store.
11.All windows should be clean and free of dirt,grime and debris;no block windows.
12.All mechanical equipment must be in working order.
13.All broken windows must be repaired within 72 hours.
14. No smoking in building.
15.Any graffiti must be removed within 72 hours.
16. No vehicles to be parked on sidewalks around business.
17.Snow should be shoveled around store grounds;snow should also be removed from fire hydrants as stated in the City Ordinance;and snow
should be removed from around bus stops as part of good customer services for the district as business owners.
18.All store items should be price marked and receipt available for customers upon request. 19. No expired food is to be sold.
20. No selling of prepared food without proper Erie County Health Department Licenses.21.Store hours should be posted clearly for public view.
22.Store address to be clearly posted in front of the building for public view.
23. No sale of alcohol for the first six(6)months on any new licenses.
24.All and any parking spaces will be sufficiently lighted.
ADOPTED AND REFERRED TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS
NO.53
M.KASSEM,OWNER,TO USE 1347 KENSINGTON TO-REESTABLISH USE AS A GROCERY/DELI IN THE KENSINGTON/BAILEY
SPECIAL DISTRICT(UNIV)(DPIS)(ITEM NO.2558,C.C.P.,DEC.22,2015)
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 M. Kassem,Owner,to reestablish use as grocery/dell for new owners located at 1347
Kensington in the Kensington/Bailey Special District.
PASSED
AYES-9 NOES-0
NO.54
M.MOHAMED,OWNER,TO USE 568 NIAGARA TO ESTABLISH USE AS A GROCERY STORE IN THE NIAGARA RIVER COASTAL SPECIAL
REVIEW DISTRICT(ELL)(DPIS)(ITEM NO.2559,C.C.P.,DEC.22,2015)
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 M.Mohamed,Owner,to establish use as grocery store at a two-story frame building
located at 568 Niagara in the Niagara River Coastal Special Review District,upon the following conditions:
1 Cannot sell loosies I e single cigarettes single diapers or items packaged for etc.
2 Cannot open packages that are intended to be sold as a bundle such as crackers and sell single unmarked items. Many of these items
especially perishables have expiration date for public safety the opening and selling single items without dates nutritional information and
other important information is a public safety concern)
3 Must have a minimum of two(2)working surveillance camera.One camera should be located above the entrance facing inwards and the
other should be on the outside of the entrance door outwards toward the street.All cameras should be able to record video and
store owners are asked to have the capability of saving video for at least thirty(30)days
4 Store interior and exterior should be kept clean at all times Store facade and landscape must be well,maintained 5 Must remove hand
painted signage from front of store within 30 days of license issuance/reissuance
6 Garbage receptacle must be maintained on the outside of the store and emptied frequently never allowing garbage to overflow
7 No amateur hand painted advertising on or around building No hand painted advertising of copyrighted items such as malt liquor New York
State Lottery and other items without written permission of the agency holding the copyright
8 No excessive empty boxes packaging refuse and the like outside of the store in public,view except the time period allowed by city ordinance
PASSED
AYES-9 NOES-0
NO.55
A.ALMONTASER,OWNER,TO USE 2082 SOUTH PARK TO RE-ESTABLISH USE OF AN EXISTING TAKEOUT
FOOD STORE IN THE SOUTH PARK SPECIAL ZONING DISTRICT(SOUTH)(DPIS)
(ITEM NO.2560,C.C.P.,DEC.22,2015)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
Mr.Scanlon moved that the above item be recommitted to the Committee on Legislation.
ADOPTED
NO.56
M.PAYNE,AGENT,TO USE 1285 MAIN TO PLACE A GROUND SIGN(EI1)(DPIS)"
(ITEM NO.2561,C.C.P.,DEC.22,2015)
Mr.Scallion 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 M. Payne,Agent,to place a ground sign at 1285 Main Street.
PASSED
AYES-9 NOES-0
NO.57
REQUEST FOR CONSIDERATION TO RENAME THE FORMER CAZENOVIA LIBRARY IN
HONOR OF PATRICIA QUINLIVAN
(ITEM NO.2589,C.C.P.,DEC.22,2015)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council Without Recommendation.
That the Common Council hereby Receives and Files the request to rename Cazenovia Library the"Patricia Quinlivan Library";
ADOPTED
NO.58
FOOD STORE LICENSE(NEW)-500 ONTARIO(NORTH)(DPIS)(ITEM NO.2032,C.C.P.,OCT.13,2015)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That the Commissioner of Permits and Inspections Services hereby approves the application of Waseem Elwasee d/b/a Ontario Best Value Inc.to
operate a food store located at 500 Ontario.
PASSED
AYES-9 NOES-0
RESOLUTIONS
NO.59
BY: MR.FONTANA
TRANSFER OF FUNDS-CAPITAL PROJECTS PLANNING
That, Pursuant to§20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation in be
transferred and reappropriated as set forth below:
From:
30363206-445500 Firehouse Conceptual Design $194,260
To
30000106-445100 Capital Projects Planning $194,260
From
30000106-445100 Capital Projects Planning $194,260
To
33280006-445500 Fire/Police Headquarter Conceptual Design$194,260
PASSED
AYES-9 NOES-0
NO.60
BY: MR.FONTANA
(TRANSFER IN FUNDS-BUFFALO MUSEUM OF SCIENCE
That, Pursuant to§20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation in be
transferred and reappropriated as set forth below:
From
30000106-445100 General City Planning $39,000
To-
30322706-45500 Buffalo Museum of Science $39,000
PASSED
AYES-9 NOES-0
NO.61
BY: MR.FONTANA
TRANSFER OF FUNDS-PRIOR YEAR CLAIMS
That, Pursuant to§20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council,the appropriation in be
transferred and reappropriated as set forth below:
From:
17303002-423002 NYS Police&Fire Pension $1,241,016
To:
17221008-480205-Prior Year Claims $1,241,016
PASSED
AYES-9 NOES-0
NO.62
BY:CHRISTOPHER P.SCANLON
SUPPORT FOR RIDE-SHARING AS A TRANSPORTATION ALTERNATIVE
WHEREAS,There is a long-standing and persistent need for alternative methods of public transportation for the residents of our community;and
WHEREAS, Ride-sharing is a relatively new concept wherein modern technology enables pre-approved,regulated drivers to operate one way fares for a
fee,and transport passengers to locations around Buffalo using their own personal vehicles;and
WHEREAS,This transportation option allows people seeking extra income to earn money in their free time using their own vehicles,without the
necessity of becoming a full-time taxi driver;and
WHEREAS,These ride-sharing programs allow for area residents and visitors to have additional more flexible transportation options that are affordable;
and
WHEREAS,These additional low cost options provided by ride-sharing programs like Lyft and Uber would not only increase jobs while providing a direct
cost savings for passengers,they also offer a more reliable and more readily utilized method of transportation for passengers;and
WHEREAS, Ride-sharing programs will allow Buffalo residents and visitors to travel throughout the area, whether it be to and from the airport, home
after a night out,or shopping in areas not easily accessible through traditional methods of public transportation.
NOW,THEREFORE, BE IT RESOLVED,
That this honorable body supports transportation alternatives in the form of ride-sharing programs,and requests New York State make appropriate
amendments to the New York State Insurance Laws;and
BE IT FURTHER RESOLVED,
That this honorable body urges Governor Cuomo and both houses of the New York State Legislature to work together to allow ride-sharing businesses
the opportunity to operate in the City of Buffalo,as well as throughout all of New York State;and
BE IT FINALLY RESOLVED,
That the city Clerk forward copies of this resolution to Governor Andrew Cuomo and the WNY Delegation of the New York State Assembly and Senate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.63
BY:COUNCIL MEMBER WINGO,SR.
WIN BACK WINNING BEHAVIOR IN THE CITY OF BUFFALO SCHOOL'S
Whereas there has recently been a dramatic increase in school violence,perpetrated by students,against faculty members;and
Whereas discipline is how children are well prepared in differentiating the acceptable from unacceptable and right from wrong, therefore, discipline is
necessai3¢for a child's development because it contributes to their ability to refrain from disruptive behavior;and
Whereas school faculty and staff, as well as students and their families, have a vested interest in creating positive learning environments by
encouraging right behavior while properly addressing aberrant actions;and
Whereas discipline in the classroom cannot be remedied unless parents/guardians are acting at home to engender good disciplinary habits in their
children;and
Whereas elected officials have a unique capability and responsibility to coordinate the efforts of community stakeholders in effecting progressive policy
changes: Now,Therefore Be It
Resolved that The City of Buffalo Common Council--
Calls on The Board of Education, Superintendent of BPS and the Law Department to join select members of the Common Council in a series of
meetings where they will work together to devise a contract and/or ordinance outlining specific behavioral expectations for every child in our school
system,that will ultimately make parents accountable for consistent unacceptable behavior of their children;
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO.64
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 31,2016,conditional upon the person(s)
so appointed certifying under oath to their qualifications and filing same with the City of Buffalo.
Sabalena Brown
Lynne M.Chojnacki
Joyce M. DiGiulio
Joshua Ford
Sean Ford
Nicole Kester
Total:6
ADOPTED
NO.65
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 31,2016,conditional, upon the person so
appointed certifying under oath to their qualifications and filing same with the City Clerk.
Marta Clark
Norbert D.Orlowski
Charles J.Stegura
TOTAL:3
ADOPTED
NO.66
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled.All meetings are held in the Common Council Chambers, 13`h floor City Hall, Buffalo, New York,unless otherwise
noted.
Regular Committees
Committee on Civil Service Tuesday,January 12,2016 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday,January 12,2016 at 10:00 o'clock A.M.
Committee on Comm. Dev. Tuesday,January 12,2016 at 1:00 o'clock P.M
Committee on Legislation Tuesday,January 12,2016 at 2:00 o'clock P.M.
Special Committees
Committee on Education Thursday,January 14,2016 at 1:30 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.67
ADJOURNMENT
On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at 2:30 PM
GERALD A.CHWALINSKI
CITY CLERK