HomeMy WebLinkAbout16-0216 NO. 4
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 16, 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 February 16,2016
FINAL
MAYOR
296- A.Ground Lease Agmt Btwn COB as Landlord and 854 Ellicott
as Tenant at 851 Ellicott(Ell) APP
297- 1.Appoint Chief Diversity Officer(Exempt)(Rodriguez) R&F
MAYOR-EXECUTIVE
298- 2.Cit Serv-Submission of Monthly Report January 2016 R&F
299- 3.Pres Bd-Landmarking North Park Library-2351 Delaware(Del) LEG
300- 4.Pres Bd-Landmarking Bachelor Apts-331 Franklin(Ell) LEG
301- 5.Pres Bd-Landmarking The Pratt St Industrial Heritage District-
412 William(Ell) LEG
302- 6. Strat Plan-Authorizing Mayor or Designated Staff to Execute and Deliver
an Intergovernmental MOU-Assistance to Small Business Comm APP
303- 7. Strat Plan-Permission to Designate Developer-124 Maryland(Ell) CD
304- 8. Strat Plan-Request Approval to Apply for Funding and Enter Agmt
in Order to Prepare a Citywide Historic Preservation Plan APP/PRES COM
305- 9. Strat Plan-SEQR Site Plan Approval 644,664,683,688 and
690 Northland(Mas) LEG
COMPTROLLER
306- 10.Certificate of Necessity-N.Bib Ice Rink R&F
307- 10A.Audit of Fire Dept Payroll Procedures FIN
308- 11.Letters to Management From Independent Auditors FIN
PUBLIC WORKS
309- 12.Change in Contract-Caz Pool Steel&Roof Replacement(South) APP
310- 13.Change in Contract-ESI and HHRA Investigation for Walden Park APP
311- 14.Change in Contract-NWCC Rehab Project APP
312- 15.Permission for Encroachment on Public ROW-486-492 Elmwood(Nia) APP
313- 16.Permission for Encroachment on Public ROW-1800 Jefferson(Mas) APP
314- 17.Permission to Hire Consultant-Caz Pool Window Replacement(South) APP
315- 18.Permission to Hire Consultant-City Hall Improvements(Ell) APP
316- 19.Permission to Hire Consultant-Olmsted Parks Building
Improvements(Del,South) APP
317- 20.Permission to Hire Consultant Wendel Citywide Tree Management
&Planning APP
318- 21.Permission to Hire Woodsmith Fence Nov 14 Storm Damage-
North&South Legion(South) APP
319- 22.Permission for Reduction in Retention-Ohio St&Inner Harbor
Infrastructure Improvement Project(Fill) APP
320- 23.Report of Bids-2016 Block Pruning APP
321- 24.Report of Bids-Engine 25-New Roof&Deck(South) APP
322- 25.Appoint Truck Driver(Prov)(Step 2)(Laws) CS
POLICE
323- 26.Acceptance of Donation APP
324- 27.Appoint Police Lieutenant(Perm)(Banaszak,Anaya,Kokotajlo,Mayes,
Whitenight,Lloyd) CS
325- 28.Appoint Police Lieutenant(Cont Perm)(Smith,Nigrelli,Roach,Goodspeed) CS
326- 29.Appoint Detective(Perm)(Drabik,Benitez,Lorenzo) CS
327- 30.Appoint Detective(Cont Perm)(Shea) CS
FIRE
328- 31.Purchase Cab&Chassis Vehicle APP
329- 32.Appoint Fire Captain(Perm)(Max)(Osinski,Benton) CS
PERMITS AND INSPECTIONS
330- 33.Food Store(New) 1036 E.Ferry(Masten) LEG
331 34. Second Hand Dealer-1125 Broadway(Fill) APP
332- 35.Used Car Dealer 409 Hertel(aka 276 Military)(North) APP
333- 36.Appoint Chief Building Inspector(Prov)(Max)(Collins) CS
PARKING
334- 37.Appoint Parking Enforcement Officer(Perm)(Inter)(Clyburn) CS
CITY CLERK
335- 38.Application for Restricted Use Permit-69 W.Chippewa(03/03/2016) APP
336- 39.Application for Restricted Use Permit-69 W.Chippewa(03/17/2016) APP
337- 40.Items returned by Mayor without Approval/Disapproval R&F
338- 41.Liquor License Applications R&F
339- 42.Leaves of Absence R&F
340- 43.Notices of Appointment-Seasonal R&F
341- 44.Notices of Appointments-Temp/Prov/Perm CS
MISCELLANEOUS
342- 45.GBNRTC-Drainage Improv over Rte 240 R&F
343- 45A.M.Kabir-Intentions for 413 Sherman St CD
344- 46.R.Lee-Report from Registered Sex Offender
Awareness Task Force ED,POL O/S,POL,BOE,CC
345- 46A.C. Scanlon-Concerns with Incidents on Buffalo School Buses ED
47.U.Wingo-Amended Masten Food Store Conditions WITHDRAWN
346- 48.R.Wyatt-M.Brady-Support for Deep South Taco on Hertel Ave LEG
PETITIONS
347- 49.D.Wilcox,Agent,Use 601 Main St for Signage at
Holiday Inn Express(hrg 02/23) LEG,CPBD
348- 50.V.Panagopoulos,Owner,Use 1900 Hertel to Re-Open Take-Out
Restaurant in the Hertel Ave Special Zoning District(Univ)(2/23) LEG,CPBD
RESOLUTIONS
405- 51.Fontana Transfer of Funds-N.Bib Ice Rink APP
406- 52.Fontana Waiver of Fees for 2016 Ice Man Run APP
407- 53.Franczyk Permission to Hang Flags Along Old Neighborhood
Parade Route APP
408- 54.Franczyk Waive Special Event and all Permit Fees for the"Old
Neighborhood"St.Patrick's Day Parade APP
409- 55.Golombek Waive Fees-Easter Egg Hunt-Club 49'er APP
410- 56.Rivera Trailblazing Sign on Elmwood Ave-Lance Diamond Way APP
411- 56A. Scanlon Instruct the Dept of PW to Place More Hospital Signs
Throughout the COB ADOPT
412- 57. Scanlon Waive Event Fees the 2016 South Buffalo Farmers Market APP
413- 58. Scanlon Waive Event Fees for Star Swimming Program Swim Team
Practice APP
59.Wingo Safety of NY 33 East Exit to Grider WITHDRAWN
414- 60.Wyatt Budget and Personnel Amend-Strategic Planning APP
415- 60A.Wyatt Budget and Personnel Amend-Traffic Violations APP
416- 61.Wyatt Comm of Deeds-Public Duties ADOPT
417- 62.Wyatt Comm of Deeds ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
349- 1. 16-186 Com Feb 2 Appoint Recycling Coordinator(Perm)(Inter)(Attridge)(PW) APP
350- 2. 16-187 Com Feb 2 Appoint Supervisor of Waterway&Bridge Maintenance
(Perm)(Max)(Maloney)(PW) APP
351- 3. 16-188 Com Feb 2 Appoint Truck Driver(Temp)(Inter)(Walker)(PW) APP
352- 4. 16-195 Com Feb 2 Notices of Appointments-Temp/Prov/Perm(Cty Clk) R&F
FINANCE
353- 5. 16-191 Corn Feb 2 New Vehicle Purchase(Pkg) APP
354- 6. 16-252 Res Feb 2 Bond Resolution Fire Apparatus-Purchase(Fontana) APP
355- 7. 16-253 Res Feb 2 Bond Resolution Bailey Ave Bridge Reconstr(Fontana) APP
356- 8. 16-254 Res Feb 2 Bond Resolution Infrastructure Improv(Various)(Fontana) APP
357- 9. 16-255 Res Feb 2 Bond Resolution Ohio St Lift Bridge Reconstruction(Fontana) APP
358- 10. 16-256 Res Feb 2 Bond Resolution Seneca St Improvements(Fontana) APP
359- 11. 16-257 Res Feb 2 Amending Bond Resolution S. Ogden Bridge Reconstr(Fontana) APP
360- 12. 16-258 Res Feb 2 Bond Resolution S. Park Loop Bridge Reconstr(Fontana) APP
361- 13. 16-259 Res Feb 2 Bond Resolution Street Lighting Replacement(Fontana) APP
362- 14. 16-260 Res Feb 2 Bond Resolution Allendale Theater Improv(Fontana) APP
363- 15. 16-261 Res Feb 2 Bond Resolution Broadway Market Kitchen(Fontana) APP
364- 16. 16-262 Res Feb 2 Bond Resolution Buffalo History Museum(Fontana) APP
365- 17. 16-263 Res Feb 2 Bond Resolution City Hall Improvements(Fontana) APP
366- 18. 16-264 Res Feb 2 Bond Resolution Downtown Ball Park(Coca Cola Field)Improv(Fontana) APP
367- 19. 16-265 Res Feb 2 Bond Resolution E. Delavan Library Improv(Fontana) APP
368- 20. 16-266 Res Feb 2 Bond Resolution Fire Department Building(Fontana) APP
369- 21. 16-267 Res Feb 2 Bond Resolution Lovejoy Pool Improv(Fontana) APP
370- 22. 16-268 Res Feb 2 Bond Resolution Main Animal Bldg Roof Replacement(Fontana) APP
371- 23. 16-269 Res Feb 2 Bond Resolution Museum of Science Front Entrance Restoration(Fontana) APP
372- 24. 16-270 Res Feb 2 Bond Resolution Naval Park Hangar Expansion(Fontana) APP
373- 25. 16-271 Res Feb 2 Bond Resolution N. Buffalo Ice Rink Ice Making Equipment(Fontana) APP
374- 26. 16-272 Res Feb 2 Bond Resolution Park Buildings Improv(Fontana) APP
375- 27. 16-273 Res Feb 2 Bond Resolution Broderick Park Seawall Study(Fontana) APP
376- 28. 16-274 Res Feb 2 Bond Resolution LaSalle Seawall Construction(Fontana) APP
377- 29. 16-275 Res Feb 2 Bond Resolution Park Improvements(Various)(Fontana) APP
378- 30. 16-276 Res Feb 2 Bond Resolution Tree Removals& Plantings(Fontana) APP
379- 31. 16-277 Res Feb 2 Bond Resolution Dilapidated Structures Demolition(Fontana) APP
380- 32. 16-278 Res Feb 2 Bond Resolution Augspurger Parking Ramp Imrpov(Fontana) APP
381- 33. 16-279 Res Feb 2 Bond Resolution Fernbach Parking Ramp Improv(Fontana) APP
382- 34. 16-280 Res Feb 2 Bond Resolution Turner Parking Ramp Improv(Fontana) APP
383- 35. 16-293 Res Feb 2 Budget& Personnel Amendment-Mayor Executive(Wyatt) APP
COMMUNITY DEVELOPMENT
384- 36. 16-170 Com Feb 2 Report of Sale 239 Titus(Fill)(Strat Plan) APP
385- 37. 16-203 No Feb 2 NYSDEC-Certifies Cleanup 89 LaSalle R&F
386- 38. 16-205 No Feb 2 M.Romanowski-SEQR 3 Gates Circle LEG
387- 39. 16-230 No Feb 2 M.Romanowski(Informational)SEQR Gates Circle Redev(#16-111, 1/19) LEG
388- 40. 16-231 No Feb 2 M.Romanowski(Informational)SEQR Gates Circle Redev&Cantebury
Woods(#16-113, 1/19) LEG
389- 41. 16-107 No Jan 19 P.Beavers-Street Level Parking in Buffalo R&F
390- 42. 15-112 No Jan 20 C. Scanlon-Follow up Re Weekend Hours at the Community Centers R&F
391- 43. 14-468 No Mar 4 C. Scanlon-Article Skyway one of 10 Freeways Without Features R&F
392- 44. 13-75 No Sept 3 R.Tobe-Response Construction ECC's Proposed Health Sciences Facility R&F
393- 45. 13-93 Res July 9 Call for the Construction of ECC's Proposed Health Sciences
Facility(Exc Resolves)(Golombek) R&F
394- 46. 13-56 No Feb 19 NYSDEC-SEQR Lead Agency Coordination-Request for Info Battaglia
Transfer Station-1037-1055 Seneca St LEG
395- 47. 13-57 No Feb 19 NYSDEC-Susp of SEQR Process-Battaglia Demo Inc-
1037-1055 Seneca St LEG
396- 48. 12-33 No Nov 27 J.Golombek-R.Yelda-Req New Green Code Does Not Impact Bflo's
Comm Protection From Natural Gas Extraction Ordinance LEG
LEGISLATION
397- 49. 16-189 Com Feb 2 Property Management License-Key Property Consulting Inc(EDPI)_APP
398- 50. 16-190 Com Feb 2 Property Management License-Towne Housing LLC(EDPI) APP
399- 51. 16-207 No Feb 2 J.Rozanski-Concerns Food Store 3083 Main St R&F
400- 52. 16-286 Res Feb 2 Ord Amend Ch 437-Taxicabs,Liveries and Sightseeing Buses(Golombek)APP
401- 53. 16-89 Com Jan 19 Food Store(New)3083 Main St(Univ)(EDPI) APP/COND
402- 54. 16-43 No Jan 5 S.Wilkins,Owner,Use 537 Main for an Outdoor Café in Front of an
Existing Restaurant(E11)(no hrg) APP
403- 55. 15-2443 Com Dec 8 Used Car Dealer-30 Cayuga(E11)(EDPI) APP
404- 56. 15-2134 Com Oct 27 Accept as Complete the Draft Generic Environment Impact Statement
for the Buffalo Consolidated Development Framework(Mayor) ADOPT
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL-BUFFALO
TUESDAY FEBRUARY 16,2016
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 February 2,2016 were approved
MAYOR
NO.296
GROUND LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AS LANDLORD AND 854 ELLICOTT ST.,LLC AS TENANT AT 854
ELLICOTT STREET IN BUFFALO
ELLICOTT DISTRICT
Pursuant to the attached Item No.2006 of Common Council Proceedings held on October 13,2015, I informed Your Honorable Body that the City
was negotiating with Buffalo Niagara Medical Campus, Inc.(the"BNMC")for a 50 year ground lease with two 25 year extension options for the
Ellicott Goodrich Garage property. I am happy to announce that the Ground Lease Agreement has been successfully negotiated.This will now allow
the BNMC's affiliate 854 Ellicott St. LLC to construct a new parking ramp of not less than 1600 parking spaces at 854 Ellicott Street and to continue
the BNMC's significant progress in the Medical Campus area by partially alleviating parking concerns for the future and,per this Agreement,by
creating and funding new community benefit initiatives utilizing certain net cash revenues from new parking ramp operations for the betterment of
communities living within one mile of the Medical Campus(e.g., Fruit Belt,Masten Park, Ellicott,Allentown),all as spelled out in the Ground Lease
Agreement.
On December 16th 2015,the City's Appraisal Review Board reviewed and accepted the$2,913,000 valuation appraisal for the disposition by long
term ground lease of the City-owned Ellicott Goodrich Garage property currently improved with a 950 parking space 39 year old parking ramp at 854
Ellicott Street.The Ground Lease Agreement provides for an Initial Rent Payment by Tenant to City of$3,250,000.Additional annual Base Rent will
be paid throughout the term as described below.
Further terms and conditions of the Ground Lease Agreement shall also include but not be limited to the following:
1.Term-the term of the Ground Lease is 50 years subject to two 25 year renewal term extensions.
2. Non-refundable"Initial Rent Payment"of$3,250,000.
3.The annual Base Rent"Rent Commencement Date"will be no later than April 1,2018.
4.Tenant will pay the City Base Rent of$267,000 a year during the initial term with 3%increases every five years until the 30th year when the
annual Base Rent will go up by the amount of$300,000 with an annual 2%increase in each year thereafter throughout the rest of the initial term and
during both of the exercised 25 year renewal terms.
5. Right of First Refusal - If at any time during the lease the City receives and wishes to accept an offer to purchase the City's interest in the
property,the Tenant will have a right of first refusal.
6.Sale or Sublease of Air Rights-Following Tenant's completion of the new parking garage,Tenant has the right to sell or sublease all of its rights
to the air space above the new parking ramp(the"Air Rights")and the City shall share in the net proceeds of the sale or sublease.
7.Maintenance and Repairs-Tenant shall be responsible for all maintenance and repairs to the new parking ramp.
8.One of the conditions precedent to Tenant's obligations under the Ground Lease will be the successful sale by City to Tenant of an air rights
easement for an overhead pedestrian bridge over and across Goodrich Street connecting the new parking ramp with the new Children's Hospital.
Commitment to Community Benefits-The terms and conditions contained in Exhibit E of the ground lease set forth the agreement of the City and
the Tenant that the net cash flow derived from the operation of the new parking ramp shall be committed primarily to local community benefits and
each party shall comply(or shall use commercially reasonable efforts to cause their affiliate entities to comply)with the community inclusion and
diversity and wage objective requirements set forth in Exhibit E of the Ground Lease.Specifically:
• All cash flow generated from the operation of the parking ramp,including mixed uses,will be committed to community benefits.
Over the first 30 years of the lease,the cash flow is projected to equal approximately$15 million.
• BNMC, Inc.will determine the uses funded by 40%of the cash flow and the City of Buffalo will determine the uses funded by
another 40%of the cash flow.The City of Buffalo and the BNMC, Inc.have agreed that the community will determine the uses for
the remaining 20%.
• Uses for the cash flow identified in the attached Terms and Conditions include housing,workforce training,MNVBE initiatives,and buy
local initiatives.
• In collaboration with the institutions on the Medical Campus,the BNMC, Inc.will annually create a Community Benefit Report that
includes extensive information about the employment and procurement operations of the Medical Campus institutions.
• The Community Benefit Report,among other things,will be created in lieu of an
additional$300,000 payment per year by the BNMC, Inc.
• BNMC, Inc.will present the Community Benefit Report to the community and solicit feedback annually as part of its Four
Neighborhoods,One Community meeting. In addition,the Community Benefit Report will be available on the BNMC, Inc.website.
BNMC, Inc.and the institutions on the Medical Campus have agreed to enhance collaboration with the Buffalo Employment&
Training Center and coordinate with the soon to be established Beverly Gray Business Exchange.
• The ramp will be operated by non-seasonal employees earning a living wage.
• For the construction of the parking ramp, BNMC, Inc.has agreed to the following community benefits:
o 25%minority and 5%women workforce goal
o 25%MBE and 5%WBE participation goal
o Local workforce goal of 75%(meaning workers residing within 100 miles of the project site,excluding Canada).
o Retaining a third-party construction monitor to ensure compliance with goals
o Completion of mutually agreed upon utilization forms
o Goal accomplishment data will be posted on a project sign during construction.
o The project will be designed to maximize energy efficiency and follow LEED design principles where practicable
o Posting construction employment opportunities at the Buffalo Employment and Training Center
I am respectfully requesting that Your Honorable Body(i)approve the attached proposed Ground Lease Agreement between the City of Buffalo and
854 Ellicott St., LLC as described above and authorize me to execute the Ground Lease with only such clarifications and modifications as are
recommended by the City of Buffalo's Corporation Counsel's Office in finalizing the Ground Lease Agreement,and(ii)authorize pertinent City
personnel to facilitate the Ground Lease Agreement and take all such steps and execute such documents and enter into such agreements and
arrangements as are necessary to implement the objectives set forth above and in the proposed Ground Lease Agreement.
Mr. Rivera moved:
That the above item be,and the above communication from the Hon. Byron W. Brown,Mayor,dated February 16,2016,be received and filed;
That the Common Council hereby approves the proposed Ground Lease Agreement between the City of Buffalo and 854 Ellicott St., LLC,as
described in the communication to the Common Council previously submitted;and that the Common Council hereby authorizes the Mayor to
execute the Ground Lease with only such clarifications and modifications as are recommended by the City of Buffalo's Corporation Counsel's Office
in finalizing the Ground Lease Agreement;and that the Common Council hereby authorizes pertinent City personnel to facilitate the Ground Lease
Agreement and take all such steps and execute such documents and enter into such agreements and arrangements as are necessary to implement
the objectives set forth in the proposed Ground Lease Agreement
PASSED
AYES-9 NOES-0
NO.297
APPOINT CHIEF DIVERSITY OFFICER(EXEMPT)(RODRIGUEZ)
Appointment effective February 4,2016 in the Department of Executive, Division of Mayor to the Position of Chief Diversity Officer, Exempt at the
Flat Salary of$89,192.00
Crystal Rodriguez, 140 Linwood Ave,Apt 812, Buffalo, NY 14209
RECEIVED AND FILED
FROM THE MAYOR-EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
NO.298
SUBMISSION OF MONTHLY REPORT FOR JANUARY 2016
The Office of the Mayor, Division of Citizen Services,hereby submits,for your Honorable Body's review and approval,the monthly reports for the
Mayor's Call and Resolution Center for January 2016,as mandated by Section 6-20(c)of the City of Buffalo's City Charter.This monthly statistical
report details the number and nature of inquiries,requests and complaints received.
RECEIVED AND FILED
FROM THE BUFFALO PRESERVATION BOARD
NO.299
REPORT AND RECOMMENDATION FROM THE BUFFALO PRESERVATION BOARD TO THE BUFFALO COMMON COUNCIL
LANDMARKING NORTH PARK BRANCH LIBRARY,2351 DELAWARE AVENUE,BUFFALO,NY 14216
The Buffalo Preservation Board recommends that the Buffalo Common Council designate the North Park Branch Library,2351 Delaware Avenue
(corner of Hertel Avenue and Delaware Avenue)a local landmark.
The attached application was initiated and prepared by the Preservation Board.The North Park Branch Library,located at 2351 Delaware Avenue,
Buffalo,at the northeast corner of Hertel Avenue,was built in 1928-29.The one-story brick-and-stucco
Tudor Revival building and its landscaped setting were designed by the Howard Beck,the prolific and long-serving City Architect of the City of
Buffalo's Department of Public Works,Architectural Bureau. Beck had the title from 1904 until the early 1930's,a period which saw the city gain
221,000 people.The library's architectural integrity is intact,with only inconsequential changes occurring since it was built.The library was closed in
consolidation plan by the Buffalo and Erie County Library in 2008.The current branch library serving North Buffalo and Parkside is adapted retail
space in a strip plaza built on former industrial land,approximately one-half mile west of Delaware Avenue.The building and its park are threatened:
The City of Buffalo recently elected to sell the building to a developer who has proposed to demolish the library and its park and replace it with a
retail and office building.
The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter."Any
person,-group of persons,or association may request designation of a landmark,landmark site,or an historic district by submitting an application
for designation...The Preservation Board may also initiate proceedings for designation of a landmark,landmark site,or historic district."
A public hearing to review the application was held by the Buffalo Preservation Board on January 28,2016 and the Preservation Board unanimously
voted based on the application and public input. It should be noted that there were several speakers who spoke in favor of landmarking and there
was no one present to speak in opposition nor were there any written opposing comments.
Pursuant to Section 337.15(Criteria for Designation)of the Charter and Code of the City of Buffalo New York,The Buffalo Preservation has
determined that the properties meet 5 of the 9 criteria for designation as a Local Landmark:
(1)It has character,interest or value as part of the development,heritage or cultural characteristics of the city,state or nation.
The North Park Library was constructed as the civic capstone of its neighborhood and so is an integral part of the North Park neighborhood,a
vibrant inter-war residential area.The neighborhood has a wonderful collection of intact high-style and vernacular structures reflecting the times,
including thousands of revivalist houses,well-detailed commercial structures,numerous houses of worship,and a vibrant,successful collection of
retail stores,taverns and restaurants.
(3)It exemplifies the historic,aesthetic,architectural,archeological,educational,economic or cultural heritage of the city,state or nation.
The library was built during a time when Buffalo was growing at a substantial rate and was seeking to expand its public institutions apace,such as
schools and libraries.
(5) It embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of
indigenous materials
The Tudor Revival style chosen for the library is a fine example of a style commonly chosen for educational buildings,including schools,universities,
and libraries throughout the United States common in the early 20th century.
(6) It is the work of a master builder,engineer,designer,architect or landscape architect whose individual work has influenced the development of
the city,state or nation.
North Park Library was designed by Howard Beck, City Architect for the City of Buffalo. Mr. Beck designed numerous fire houses, government
buildings, libraries, schools and even an early proposal for a new city hall as City architect during his tenure in th.e early twentieth century. He was
easily Buffalo's most prolific civic architect and the North Park Library may be the only Tudor Revival structure he designed.
(7)It embodies elements of design,detailing,materials or craftsmanship that render it architecturally significant.
The fine brick and stone detailing,intact leaded glass windows,and"half timber"chestnut and stucco gables all contribute to a very well done Tudor
revival building constructed in a"workmanlike"manner to produce a timeless building.
(9)It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the city.
The North Park Library was intended to be a civic anchor,and has been a visual fixture in the neighborhood since its construction. It can be seen for
many blocks while travelling north on Delaware Avenue,or east on Hertel Avenue. Its unique siting,set back from the street with a broad front lawn,
distinguishes it from the overwhelming number and nature of the later commercial developments nearby, particularly those built on former industrial
and railroad lands west of Delaware Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.300
REPORT AND RECOMMENDATION FROM THE BUFFALO PRESERVATION BOARD TO THE BUFFALO COMMON COUNCIL
Landmarking Bachelor Apartments,331 Franklin Street, Buffalo, NY
The Buffalo Preservation Board recommends that the Buffalo Common Council designate the Bachelor Apartments,331 Franklin Street, Buffalo,
NY(located at the corner of Franklin Street and Tupper Street)a local landmark.
The Bachelor,located at 331 Franklin Street,southeast corner of Tupper Street,is a four-story brick and stone Queen Anne style apartment building
constructed in 1886. Built for the James N.Metcalf Estate,it was designed by Green&Wicks,the preeminent Buffalo architectural firm founded in
1884,and is significant as one of the firm's earliest remaining buildings. It largely retains its as-built appearance,and is still used for its original
purpose.The Bachelor is also significant as one of the earliest apartment buildings built in Buffalo,and is possibly the oldest surviving such
building.The future of this important building is in jeopardy as it has been proposed to be demolished to allow the construction of a hotel.
The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter.
"Any person,group of persons,or association may request designation of a landmark,landmark site,or an historic district by submitting an
application for designation...The Preservation Board may also initiate proceedings for designation of a landmark,landmark site,or historic district."
A public hearing to review the application was held by the Buffalo Preservation Board at a public meeting on January 28,2016 and the Preservation
Board unanimously voted based on the application and public input. It should be noted that there were several speakers who spoke in favor of
landmarking and there was no one present to speak in opposition nor were there any written opposing comments.
Pursuant to Section 337.15(Criteria for Designation)of the Charter and Code of the City of Buffalo New York,The Buffalo Preservation has
determined that the properties meet 4 of the 9 criteria for designation as a Local Landmark:
1. It has character,interest or value as part of the development,heritage or cultural characteristics of the city,state or nation.
As one of the first apartment buildings in Buffalo,and the very first which catered specifically to bachelors,the Bachelor has character,interest,and
value as part of the development of the City of Buffalo.
3. It exemplifies the historic,aesthetic,architectural,archeological,educational economic or cultural heritage of the city,state or nation.
As the oldest downtown building designed by Green&Wicks,perhaps the most celebrated architectural firm in Buffalo history,the Bachelor
exemplifies the historic and architectural heritage of the City of Buffalo.
4. It is identified with a person or persons who significantly contributed to the development of the city,state or nation.
The Bachelor was the place of residence of multiple individuals who significantly contributed to the development of the City of Buffalo, New York
State,and the nation.
5. It embodies distinguishing characteristics of an architectural style valuable for the study of a period,type,method of construction or use of
indigenous materials Retaining much of its as-built appearance,and still used for its original purpose,the Bachelor is a survivor in a part of
downtown Buffalo that is now principally made up of acre upon acre of surface parking. It is a rare example of an early apartment building
constructed in the Queen Anne style,reflective of the architectural currents of the 1880s.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO.301
REPORT AND RECOMMENDATION FROM THE BUFFALO PRESERVATION BOARD TO THE BUFFALO COMMON COUNCIL
LANDMARKING THE PRATT STREET INDUSTRIAL HERITAGE DISTRICT(A.K.A.412 WILLIAM STREET)
The Buffalo Preservation Board recommends that the Buffalo Common Council designate The Pratt Street Industrial Heritage District(a.k.a.412
William Street)locally landmarked district.
The attached application was initiated and prepared by the Preservation Board.The Pratt Street Industrial Heritage District(a.k.a.412 William
Street)is a multiple-building site constructed largely between the mid-19th-and early 20th centuries.The Crosby Company illustrates the
technological and architectural evolution of industrial buildings in Buffalo when Buffalo often pioneered or popularized the type. Buildings
commissioned by the company include designs by Lansing&Beierl and R.J. Reidpath,significant shapers of the city's architectural and industrial
character.The complex stands as one of the earliest metal stamping plants in the United States,a process which offered significant savings over
die casting and machining of metal parts. It is further associated with William H.Crosby,a singular individual whose influence on the City of Buffalo
is felt to the present day.The complex includes the Theodor Kleinschmit malt house,built on Pratt Street as early as 1871. Nearby industrial
complexes include the former Iroquois Brewery and Washington Iron Works.The period of significance of the district is 1865 to 1929.
The application was prepared and reviewed by the Preservation Board in accordance with Chapter 337 Article III of the City of Buffalo Charter."Any
person,group of persons,or association may request designation of a landmark,landmark site,or an historic district by submitting an application for
designation...The Preservation Board may also initiate proceedings for designation of a landmark,landmark site,or historic district."
A public hearing to review the application was held by the Buffalo Preservation Board on January 28,2016 and the Preservation Board unanimously
voted based on the application and public input.
Per§337-15, Criteria for designation, of the Buffalo City Code, the Preservation Board determines that the Pratt Street Industrial Heritage District,
a.k.a,the Crosby Complex,412 William Street, meets multiple criteria for designation as a Local Landmark district. It also is likely to yield significant
new information and educational value through site and archival investigation.
1. It has character,interest or value as part of the development,heritage or cultural characteristics of the city,state or nation.
The factory complex of the Crosby Company has significant interest and value in communicating the story of the industrial development of the City
of Buffalo, New York State,and the nation.
3. It exemplifies the historic,aesthetic,architectural,archeological,educational,economic or cultural heritage of the city,state or nation.
The factory complex of the Crosby Company,one of the first and certainly among the most prominent sheet metal manufacturers in North America,
exemplifies the economic heritage of the City of Buffalo, New York State,and the nation.
4. It is identified with a person or persons who significantly contributed to the development of the city,state or nation
The Crosby Company complex is identified with William H.Crosby,an entrepreneur and philanthropist who significantly contributed to the
development of the City of Buffalo, New York State,and the nation. It is also identified with Theodor Kleinschmit,one of Buffalo's first brewers and
maltsters and an important figure in the city's German American history.
5. It embodies distinguishing characteristics of an architectural style valuable for the study of a period,type,method of construction or use of
indigenous materials
The Crosby Company complex embodies distinguishing characteristics of late 19th and early 20th century industrial architecture and engineering,
with significant work by prominent firms Lansing&Beierl and R.J. Reidpath&Son,as well as the contractor Charles Berrick.
7. It embodies elements of design,detailing,materials or craftsmanship that render#architecturally significant.
The Crosby Company complex embodies elements of design,detailing,materials,and craftsmanship that render it architecturally significant.
9. It is a unique location or contains singular physical characteristics that make#an established or familiar visual feature within the city.
The unique location and singular physical characteristics of the Crosby Company factory complex make it an established or familiar visual feature of
Buffalo's East Side.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE OFFICE OF STRATEGIC PLANNING
COMMUNICATION TO TIIE COMMON COUNCIL
NO.302
AUTHORIZING THE MAYOR OF THE CITY OF BUFFALO,OR A DESIGNATED MEMBER OF HIS STAFF,TO EXECUTE AND DELIVER AN
INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING(STRATEGIC ALLIANCE MEMORANDUM)WITH THE UNITED STATES
SMALL BUSINESS ADMINISTRATION(SBA)FOR THE PURPOSES OF PROMOTING COOPERATION IN PROVIDING ASSISTANCE TO
THE SMALL BUSINESS COMMUNITY IN THE CITY OF BUFFALO.
The mission of the SBA is to aid,counsel,assist and protect the interests of small business by providing financial,contractual and business
development assistance and advocating on their behalf within the government.SBA district offices deliver SBA programs and services to the public.
The City of Buffalo seeks to implement strategies through the Mayor's Office of Strategic Planning to promote the economic vitality of the City of
Buffalo through business investment as well as social and human capital development.The Mayor's Office of Strategic Planning works alongside
local,state,and federal partners to create a thriving business community by making resources available to businesses within the City of Buffalo, NY.
Each Party has separate services and resources which,when delivered in coordination with each other,will provide maximum benefits to the small
business communities served.The Strategic.Alliance Memorandum(SAM),as presented in Exhibit A as attached hereto,will allow the City of
Buffalo and the SBA to develop and foster mutual understanding and a working relationship in order to strengthen and expand small business
development in the City of Buffalo.
The Office of Strategic Planning is requesting that Your Honorable Body:
Authorize the Mayor of the City,or a designated member of his staff,to execute and deliver the SAM and any other related documents and authorize
the Mayor and other pertinent City personnel to take all steps and actions to work together in the spirit of cooperation and open communications,
consistent with law,with the primary goal of meeting the needs of the small business community in the City of Buffalo.
Mr. Rivera moved:
That the above item be,and the above communication from the Office of Strategic Planning, Director of Development,dated February 11,2016,be
received and filed;
That the Common Council hereby authorizes the Mayor,or a designated member of his staff,to execute and deliver the Strategic Alliance
Memorandum with the Small Business Administration for the purpose of promoting cooperation in providing assistance to the small business
community in the City of Buffalo and any other related documents,and that the Common Council hereby authorizes the Mayor and other pertinent City
personnel to take all steps and actions to work together in the spirit of cooperation and open communications,consistent with law,with the primary
goal of meeting the needs of the small business community in the City of Buffalo.
PASSED
AYES-9 NOES-0
NO.303
PERMISSION TO DESIGNATE DEVELOPER 124 MARYLAND(THE"PROPERTY")FORMER ROBERTO CLEMENTE CLINIC
NORTHWEST CORNER OF SEVENTH STREET LOT SIZE: 113 X 116.50 ASSESSED VALUE:
LAND: $18,000
IMPROVEMENTS:$316,400
TOTAL:$334,400
ELLICOTT DISTRICT
The Office of Strategic Planning, Division of Real Estate received two(2)proposals for the purchase of 124 Maryland.The proposals were reviewed
by the Land Use Planning Committee and determined that The Belle Center in collaboration with the Buffalo Municipal Housing Authority
("Developer")proved to be the best use for the property.
The Developer currently runs the Belle Center,former Father Belle Center,located next to the subject property.They have requested to purchase
the subject property in order to expand their services to the community.Their core programs provide day care,school age child care before and after
school,21st Century Community Learning Center, Evening Program for High School students and AmeriCorps National Service.They also provide
special needs children with People Incorporated, English Language Learners Classes and Food Pantry Services.
The former Roberto Clemente Center will be used as the home of Buffalo AmeriCorps and the future home of Youth Build and AmeriCorps*VISTA.
The space will house AmeriCorps HQ including staff offices,training rooms and a bullpen for members who serve in Belle Center programs from
day care to High School.The building will be a training site for all of our requested 85 Corps members,including our Citizen Corps serving with the
City's 311 Call and Resolution Center and those serving in CBO's across the City of Buffalo. It will also provide space for their new grades 11-12
Learn to Earn program,a youth center with college and career counseling as a focus.The Learn to Earn program will provide stipends for youth,
homework and academic help,enrichment in STEM(Science,Technology, Engineering and Math)and the arts along with a college going culture.
The total project costs are estimated at$1,382,316.00
The Belle Center has indicated that the Buffalo Municipal Housing Authority will provide the utility costs,Cannon Design is providing the first few
stages pro bono and a 50%discount for the master plan production. In addition to Community Development Block Grant,the Belle Center has fee
for service, DSS workfare, United Way support and strong support from local foundations.
The Belle Center will be seeking funding from local and national investors including M & T Charitable Foundation, John R. Oishei, Margaret L.
Wendt and Community Foundation for Greater Buffalo.
The Office of Strategic Planning respectfully requests that Your Honorable Body designate The Belle Center and/or a corporation,partnership or
other legal entity to be designated by The Belle Center as Developer and approved by the City of Buffalo,Office of Strategic Planning as Developer
of the Property subject to but not limited to the following terms and conditions:
a.The designation will expire eighteen(18)months from the date the Common Council approves the designation.
b. Payment of a designation fee of Five Hundred Dollar($500.00)per month by Developer to the City, payable within five(5)days from the date of
Common Council Approval of the designation and due thereafter the first day of every month.
c. In addition to the designation fee the Developer will also be responsible for maintenance of the grounds in the form of snow&ice removal,grass
cutting&cleaning(i.e.miscellaneous blowing of garbage,bottles,etc.).
d. In the event Developer shall exercise its option to acquire said property pursuant to the Contract of Sale said Designation Fee shall be applied as
a credit towards the purchase price. In the event Developer shall not proceed with the acquisition of the Property within the designation period or in
the event a mutually satisfactory LDA cannot be agreed upon, Developer shall forfeit all fees paid on account,the City shall retain all such fees and
the Developer shall have no further rights with respect to the Property.
e.The successful negotiation of a Land Disposition Agreement(LDA)for approval by the Common Council no later than eighteen(18)months from
the date the Common Council approves the designation.
f.Submission by the Developer of a detailed site plan of the project for the property at 124 Maryland for approval by the City of Buffalo Planning
Board(if necessary)and construction plans,including landscaping and a breakdown of estimated total project costs,for review and approval by the
City.
g.Said plans shall also be in accordance with Article XXVIII of the Zoning Ordinance of the City of Buffalo
h.Submission of a colored rendering of the Project suitable for presentation to the City of Buffalo Common Council which shall be submitted by the
Developer to the Office of Strategic Planning, Division of Real Estate,prior to entering a contract of sale and prior to Common Council approval.
i. Individuals and or corporations having outstanding taxes,water bills,parking tickets,user fee and/or demolition liens or any other liens owned to
the City of Buffalo,or if code violations exist on any property owned by them will not be eligible for designation
j.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,agrees to sign
a full Environmental Release and Indemnity Agreement releasing the City of Buffalo from any and all liability,said documents to be in form and
substance acceptable to the City in the City's sole discretion.
k.That the contract of sale will require that the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo,Office
of Strategic Planning,agrees to provide the City of Buffalo and any and all other effected utility companies with any easements,rights and access
arrangements,that may be necessary,satisfactory to the City and the other effected utility companies in their sole discretion.
I.The Purchase Price to be established in accordance with Article 27 of the City of Buffalo Charter.The purchase price of the Property shall be
based upon a real estate appraisal to be obtained and paid for by the Developer("Purchase Price"),which said appraised value is subject to review
and approval by the City of Buffalo Appraisal Review Board and approval by Your Honorable Body.
m. Upon signing of the contract for sale,there shall be a payment by the Developer to the City of Buffalo a non-refundable deposit,in the amount of
ten percent(10%)of the agreed upon Purchase Price
n. Submission of monthly progress reports by the Developer to the Office of Strategic Planning, Division of Real Estate by the fifth (5)of each
month,beginning in the month following this designation.
o. Submission by the Developer to the Office of Strategic Planning, Division of Real Estate, of evidence of equity capital and mortgage financing
necessary for the completion of the Project which shall be submitted prior to closing.
p.The designation and the contract of sale shall be subject to any and all other terms and conditions that the City of Buffalo Corporation Counsel's
Office deems necessary
q. Developer is responsible for performing any soil borings and soil
investigations and any other tests, investigations, or surveys consistent with, and subject to execution and compliance with an Access,
Indemnification and Insurance Agreement, by each and every Contractor hired by Developer that will access the property, for the purpose of
determining, to Developer's satisfaction, the suitability of the Property for Developer's intended use, and/or the presence or absence of hazardous
substances as such terms used in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
(C.E.R.C.L.A) 42 USC ss 9601 et seq.: The Hazardous Materials Transportation Act, as amended, 49 USC ss 1801 et seq.: The Resource
Conservation and Recovery Act,as amended,42 USC ss 6901 et seq.:Articles 15 and 27 of the New York State Environmental Conservation Law
or any other federal, state, or local law, regulation, rule, ordinance, bylaw, policy guidance, procedure, interpretation, decision, order, or directive,
whether existing as of the date hereof, previously enforced or subsequently enacted.The Access Agreement and evidence of insurance saving the
City of Buffalo harmless from any and all liability must be approved as to form by City of Buffalo's Corporation Counsel's Office and signed by the
City of Buffalo prior to any and all Contractor's accessing the Property.
r.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,has agreed to
be committed to fulfilling the policies of the City in regard to non-discrimination and affirmative action.
s.That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,has agreed
that all levels of the project will include the certified Minority and Women-Owned Business Enterprise participation.
That the Developer,or an entity to be designated by the Developer and approved by the City of Buffalo Office of Strategic Planning,has agreed to
use its best efforts to pursue,a minority workforce goal of 25%,a woman workforce goal of 5%,a minority owned business enterprise(MBE)
utilization goal of 25%and a women owned business enterprise(WBE)utilization goal of 5%of the project construction cost,to the extent that it is
economically and technically feasible to do so.
The City of Buffalo may terminate this designation should the Developer fail to meet any of the deadlines,terms and conditions set forth above.
Should the City elect to terminate this designation on or before the end of the designation period for failure by the Developer to comply with the
above conditions,the City will give written notice to the Developer via certified mail and allow the Redeveloper two(2)weeks to cure.
I am requesting that your Honorable Body approve the designation of The Belle Center in collaboration with the Buffalo Municipal Housing Authority
with a mailing address of 104 Maryland Street, Buffalo, New York 14201 and/or a corporation,partnership,or other legal entity to be designated by
Developer and approved by the City of Buffalo,as Developer of the above referenced Property on the above terms and conditions;authorize the
Corporation Counsel's Office to prepare the necessary Contract of Sale/LDA and any other necessary agreements for the conveyance of the
Property to the Developer for the development of the project on the Property;and that the Contract of Sale/LDA and purchase price be forwarded to
the Common Council for final approval prior to the transfer of title.
REFERRED TO THE COMMITTEE
NO.304
REQUEST FOR APPROVAL TO APPLY FOR FUNDING AND TO ENTER INTO AGREEMENTS IN
ORDER TO PREPARE A CITYWIDE HISTORIC PRESERVATION PLAN.
Buffalo has a rich and compelling historic legacy and its various buildings,sites,and neighborhoods pay tribute to this heritage.The preservation of
historic buildings,sites,and neighborhoods is critical to telling Buffalo's story,plays a key role in enhancing the quality of life in neighborhoods,and
is an integral aspect of Mayor Brown's place-based economic development strategy.
The City, Preservation Board,and the various organizations involved with historic preservation,have done a good job over the years of recognizing
the value of Buffalo's historic resources and have saved countless historic resources that have been at risk of being lost. However,the process and
management of preservation activities in the city are often not well-coordinated or proactive.As the City's economy continues to get stronger,there
will be increasingly more opportunities and threats for many of our historic resources,and the preparation of a historic preservation plan will allow the
City and its partners to develop a collective and coordinated approach to preservation activities.
Goals of the preservation plan include identifying,protecting,enhancing,and interpreting Buffalo's vast array of historic resources. Preservation
stakeholders and citizens throughout the city will participate in the development of the plan,which will establish and prioritize a set of implementable
action steps to meet Buffalo's preservation goals.The plan will build off two previous preservation planning initiatives that were drafted approximately
12 years ago.
The New York State Office of Parks, Recreation,and Historic Preservation(NYSOPRHP)administers the federally-funded Certified Local
Governments(CLG)grant program which provides funding for a variety of historic preservation-related projects including preservation planning
initiatives.The CLG grant program is a reimbursement program,with payment made after the project is complete and approved.While matching
contributions are not required,applicants are encouraged to contribute 40 percent of the project cost,either in cash or in-kind services.
The Office of Strategic Planning estimates that the cost of a citywide historic preservation plan to be approximately$100,000,with$50,000 required
for consultant services;$10,000 for other expenses including printing,website,and community outreach;and$40,000 for in-kind services provided
by the Office of Strategic Planning.
The Office of Strategic Planning requests your Honorable Body's authorization for:
1.The application for funding to the NYSOPRHP for CLG funds in order to prepare a historic preservation plan;and
2.The provision of an in-kind match for the grant,through the Office of Strategic Planning,including project management and planning services;
and
3.The Mayor or his designee to enter into an agreement with the NYSOPRHP for the purpose receiving CLG funds for the preparation of a historic
preservation plan;and
4.The Mayor or his designee to enter into such contracts,agreements and/or other related appropriate arrangements to facilitate the completion of a
historic preservation plan.
Mr. Rivera moved:
That the above item be,and the above communication from the Office of Strategic Planning, Division of Planning,dated February 8,2016,be
received and filed;and
That the Common Council hereby authorizes the Office of Strategic Planning to apply for funding to the New York State Office of Parks, Recreation
and Historic Preservation for Certificated Local Governments grant funds in order to prepare a historic preservation plan;and that the Common
Council hereby authorizes the provision of an in-kind match for the grant,through the Office of Strategic Planning,including project management and
planning services;and that the Common Council hereby authorizes the Mayor or his designee to enter into an agreement with the New York State
Office of Parks, Recreation and Historic Preservation for the purpose of receiving Certified Local Governments grant funds for the preparation of a
historic preservation plan;and that the Common Council hereby authorizes the Mayor or his designee to enter into such contracts,agreements and/or
other related appropriate arrangements to facilitate the completion of a historic preservation plan.
PASSED AND THE NARRATIVE MOVED TO THE PRESERVATION BOARD
NO.305
RESOLUTION("RESOLUTION")OF THE CITY OF BUFFALO PLANNING BOARD("PLANNING BOARD")PURSUANT TO SEQRA
(DEFINED BELOW)CONCERNING THE DETERMINATION OF SIGNIFICANCE FOR THE NORTHLAND CORRIDOR REDEVELOPMENT
AND WESTERN NEW YORK WORKFORCE TRAINING CENTER PROJECT
PROJECT OVERVIEW
Project Name: Northland Corridor Redevelopment and Western New York Workforce Training Center("Project")
Location: 537 East Delavan Avenue; 631,644, 664, 683, 688, 690, 741,767 and 777 Northland Avenue; 126 and 128 Dutton Avenue
(collectively,the"Project Area")
SEQRA Status: Type I XX Type II Unlisted
Project Description:The Buffalo Urban Development Corporation("BUDC")has acquired and proposes to redevelop approximately thirty five(35+/-)
acres with approximately seven hundred and forty thousand(740,000+/-)square feet("sf)of vacant industrial properties within the Project Area.
The Project will consist of the stabilization,renovation,select demolition,remediation and redevelopment of the Project Area for the purpose of
returning the vacant,underutilized properties to productive use,to assist with revitalizing the neighborhood surrounding the Project Area and to
provide employment opportunities for nearby residents by creating a new manufacturing and employment hub on the City of Buffalo's East Side.The
Project is a partnership among the BUDC,the City of Buffalo("City"),the New York State Urban Development Corporation d/b/a Empire State
Development("ESD")and the New York Power Authority("NYPA"),and is being funded by ESD and NYPA.
RESOLUTION
WHEREAS,on December 7,2015,the BUDC submitted a letter of intent and pre-application materials,including Part 1 of an Environmental
Assessment Form("EAF")with supporting documentation and a list of potentially interested and involved agencies("Interested/Involved Agencies")
(collectively,a"Pre-Application Package")to the Planning Board,requesting that the Planning Board commence the coordinated environmental
review process pursuant to Article 8 of the New York Environmental Conservation Law,Chapter 43-B of the Consolidated Laws of New York,as
amended("SEQRA Act")and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York,
being 6 N.Y.C.R.R. Part 617,et.seq.,as amended("SEQRA Regulations"),(SEQRA Regulations,together with the SEQRA Act,"SEQRA"),for
the Project by declaring its intent to act as lead agency("Lead Agency").
WHEREAS,the Planning Board declared its intent to act as Lead Agency for the Project and distributed notices of same with supporting
documentation to the Interested/Involved Agencies.
WHEREAS,no Interested/Involved Agencies contested the Planning Board's intent to be Lead Agency,and consequently,the Planning Board was
established as Lead Agency for the Project.
WHEREAS,on January 8,2016,the BUDC submitted an additional letter of intent and site plan review application with supporting documentation
("Application Package")to the Planning Board,requesting that the Planning Board commence its City-wide site plan review process and
subsequently issue site plan approval for phase I of the Project,which will involve substantial renovation and rehabilitation of the industrial complex
at 683 Northland Avenue into a multi-tenant commercial/light industrial complex anchored by the Workforce Training Center,and the rehabilitation of
associated surface parking lots located at 644,664,688 and 690 Northland Avenue.
WHEREAS,on January 20,2016,the BUDC submitted the Northland Corridor Redevelopment and Western New York Workforce Training Center
Environmental Analysis Report to the Planning Board,(Northland Corridor Redevelopment and Western New York Workforce Training Center
Environmental Analysis Report,collectively with the Pre-Application Package,Application Package and comments from Interested and Involved
agencies including comments from the New York State Department of Environmental Conservation("NYSDEC")and the Buffalo Sewer Authority
("BSA"),"Project Application and Environmental Materials").
WHEREAS,pursuant to SEQRA,the Planning Board must satisfy the requirements contained in SEQRA prior to making a final determination
about the environmental impacts associated with the Project.
WHEREAS,the Planning Board has considered the Project Application and Environmental Materials and has considered the list of activities which
are Type I Actions outlined in Section 617.4 of the SEQRA regulations,the list of activities that are Type II Actions outlined in Section 617.5 of the
SEQRA regulations,and the criteria for determining significance outlined in Section 617.7 of the SEQRA regulations.
NOW,THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY OF BUFFALO PLANNING BOARD AS FOLLOWS:
1. Based upon the Planning Board's thorough review and examination of the Project Application and Environmental Materials,the Project,the
Planning Board's knowledge of the Project Area and surrounding area and further investigations of the Project and its environmental impacts as the
Planning Board has deemed appropriate,the Planning Board makes the following findings and determinations with respect to the Project:
A. Although the Project largely involves actions that are Type II activities because they involve the rehabilitation or reconstruction of
structures or facilities,in kind,on the same site and/or involves maintenance or repair involving no substantial changes in an existing structure or
facility,the Project as a whole is a Type I action pursuant to SEQRA because it will include non-residential development that will result in a physical
alteration of more than ten(10)acres of land and involves approximately seven hundred and forty thousand(740,000+/-)sf of gross floor area of
vacant industrial space.
B. The Planning Board is the Lead Agency for the coordinated environmental review of the Project,and performed such coordinated
environmental review in accordance with the requirements of SEQRA.
C. No potentially significant adverse impacts on the environment are noted in the Project Application and Environmental Materials and
none are known to the Planning Board.
D. The Project will not have a significant adverse impact upon the environment.The reasons supporting this determination are as
follows:
Impact on Land and Geological Features.The Project entails the stabilization,renovation,select demolition,remediation and
redevelopment of the Project Area for the purpose of returning vacant,underutilized properties to productive use.Construction activities associated
with the Project will have a minimal impact on topography. Except for grading and excavation work associated with foundations for buildings and
associated parking lots,the slope of the land will not be significantly altered by the Project and there will be no construction on steep slopes.
Additionally,there are no unusual land forms(cliffs,dunes,minerals,fossils,caves)within the Project Area.Accordingly,the Project will not have a
significant adverse impact on land or geological features within or around the Project Area.
ii. Impact on Surface Water.There are no surface water bodies within or around the Project Area.There are no
wetlands within or around the Project Area.The Project will not create any new water bodies or require the construction of new,or the expansion of,
any wastewater treatment facilities. In order to avoid potential significant impacts related to land disturbance activities,a Storm Water Pollution
Prevention Plan("SWPPP")will be prepared in accordance with NYSDEC and BSA requirements when required,and such controls and measures
will be implemented throughout Project development in accordance with guidance provided by BSA in its comment letter. New construction will also
involve improvements to runoff control measures through the use of"green infrastructure,"such as rain gardens,bio-swales,and permeable
pavement,and other related best management practices to decrease the level of surface water runoff from entering into the City's sewer system.
Accordingly,the Project will not have a significant adverse impact to surface waters in or around the Project Area.
iii. Impact on Groundwater.The Project will not result in any use of groundwater,nor is there any current use of groundwater within
the Project Area.All water required for the Project will be supplied by municipal water lines,and existing capacity is more than sufficient to supply
the demand.Additionally,the Project will not involve any wastewater discharges to groundwater. During demolition activities and Project Area
improvement construction work,various surface water and sedimentation controls will be implemented to avoid any potential impacts associated with
storm water management during the demolition and construction phases of the Project. It is also noted that the BUDC is entering into an Order on
Consent with the NYSDEC,which will require remediation of the 537 E. Delavan property,a major source of the groundwater contamination within
the Project Area,Thus,tile Project would result in the long term in improved groundwater conditions within the Project Area.Accordingly,the Project
would not have a significant adverse impact to groundwater within or around the Project Area and,in fact,would result in improvements to
groundwater quality.
iv. Impact on Flooding.The Project will not result in development on lands subject
to flooding,nor is the Project Area located within a 100 or 500-year floodplain.Additionally,the Project will not result in,or require,modification of
existing drainage patterns. During demolition activities and Project Area construction work,various standard soil erosion and sedimentation controls
will be implemented as required to control construction-related runoff.Accordingly,the Project will not have a significant adverse impact on flooding
within or around the Project Area.
v. Impact on Air.There will be no significant air emissions in connection with the Project nor will the Project require any
state or federal air emission permits. Demolition and construction-related air quality impacts would be limited to temporary increases in fugitive dust,
which will be reduced by Project design,and the construction contractor's work plans. No significant odors are anticipated during construction.
Odors and dust would be monitored during construction activities,and corrective actions instituted if action levels are exceeded.Additionally,air
emissions from mobile sources(particularly site-induced traffic)will also not result in any significant changes in anticipated concentrations of
ground-level carbon monoxide;given that the Project will not result in any instances of
peak-hour traffic congestion.Accordingly,the Project will not have a significant adverse impact upon air quality within or around the Project Area.
vi. Impact on Plants and Animals. Due to the Project Area's urban nature,there is minimal vegetation and wildlife within the Project
Area.Additionally,there are no known threatened,endangered,or other species of special concern,rare plant,animal or natural communities or
other significant habitats present within the Project Area.Accordingly,the Project will not have a significant adverse impact on plants and animals or
natural communities within or around the Project Area.
vii. Impact on Agricultural Resources.The Project Area is not located in,or near,any agricultural land and/or resources.Accordingly,
the Project will not have a significant adverse impact upon agricultural resources within or around the Project Area.
viii. Impact on Aesthetic Resources.The Project Area and immediate surrounding properties are a mix of residential,industrial and
commercial buildings.The Project will renovate or demolish existing underutilized,abandoned and/or collapsed industrial buildings which have been
subject to a significant level of neglect.Any new construction will be designed for compatibility and will be subject to site plan review to ensure
compatibility with the existing development and/or will be constructed pursuant to the new City of Buffalo Unified Development Ordinance("U DO"),
also known as the"Buffalo Green Code",form based code provisions.Thus,the Project will improve neighborhood aesthetics,and will positively
impact aesthetic resources within or around the Project Area.Accordingly,the Project will not have a significant adverse impact upon aesthetic
resources within or around the Project Area.
ix. Impact on Historic and Archaeological Resources.While there are no properties(i.e.,buildings or archaeological
sites)or historic districts within the Project Area that are listed on the State or National Registers of Historic Places("S/NRNP"),each of the five
industrial complexes within the Project Area has been determined to be eligible for listing on the S/NRNP individually and as part of a potential
historic district. However,several structures within the Project Area are so deteriorated that they cannot reasonably be secured and,in their current
condition,pose a threat to health and safety and therefore will be demolished.This includes the Administration office and Annex building and the
Main Plant of the former Houde Engineering complex at 537 E. Delavan Avenue;the collapsed sections of the 741 Northland complex;and the
entire structure at 777 Northland Avenue.The remaining structures within the Project Area are considered structurally sound and will be stabilized
and renovated for commercial and light industrial uses. In order to minimize impacts to historic resources,the BUDC has proposed that prior to
demolition or renovation,recordation in accordance with requirements of a state-level Historic American Buildings Survey will be undertaken. From
an archaeological perspective,while the Project Area is generally considered sensitive for archaeological resources,the vast majority of the Project
Area is comprised of previously-disturbed soils and only a few small areas have been identified as potentially sensitive for archaeological resources.
Prior to undertaking any ground disturbing construction in these areas, BUDC has proposed that Phase 1B archaeological reconnaissance surveys
will be undertaken and impacts to any archaeological resources identified during those surveys will be avoided and/or addressed as appropriate prior
to initiation of construction.Additionally,it is noted that the BUDC,the City,and ESD are collectively consulting with the State Historic Preservation
Office of the NYS Office of Parks, Recreation,and Historic Preservation in accordance with Section 14.09 of the NYS Historic Preservation Act and
it is anticipated that this consultation process will result in a letter of resolution amongst the agencies that would include stipulations to apply such
measures(and/or others),as appropriate.Taking into account the deteriorated condition of the structures to be demolished,and the approaches that
BUDC has proposed including restoration of many of the structures,the Project will not have a significant adverse impact on historic or
archaeological resources within or around the Project Area.
x. Impact on Open Space and Recreation.The Project Area is not presently used by the community or the
neighborhood as open space,or as a recreation area.Accordingly,the Project will not have a significant adverse impact on open space or recreation
within or around the Project Area.
xi. Impact on Critical Environment Areas.There are no state-designated Critical Environmental Areas in the Project Area.As a
result,the Project will not have a significant adverse impact on any Critical Environmental Areas within or around the Project Area.
xii. Impact on Transportation.The Project will result in a change to existing traffic patterns in and around the Project Area,and will
generate new traffic.Thus,a detailed traffic impact study,supplemented with field data collection and observations of existing traffic patterns,was
undertaken in an effort to provide suggested mitigation efforts to alleviate any adverse impacts. Rehabilitation of the existing surface parking lots at
644,664,and 688/690 Northland Avenue will increase available parking to historic levels and will alleviate pressure from the Project upon local on-
street parking.Additionally,during construction,workers will use existing public transportation or park on-site,and will not be allowed to use on-
street parking.Overall,the Project will not have a significant adverse impact on the transportation network within or around the Project Area.
xiii. Impact on Energy. Electricity service to the Project will be provided by National Grid,and existing capacity is more than sufficient to
supply the demand.As a result of the use of modem LEED design,modem lighting equipment,and new efficient heating,ventilation and air
conditioning systems,the new build out will require less electrical energy than prior uses. Based upon the overall reduced electrical demand for the
Project,the existing 23 KV transformer/substation located north of the 683 Northland Avenue building,across Northland Avenue,which formerly
serviced the property will no longer be needed.Additionally,other properties in the Project Area will be expected to experience similar decreases to
electrical demand as compared to historical usage.Accordingly,the Project will not have significant adverse impacts upon energy.
xiv. Impact on Noise,Odor and Light. Noise from a fully redeveloped Northland corridor will be typical for non-manufacturing
commercial and light industrial facilities,and will be generally limited to noise generated by equipment and traffic which will be temporary in nature
and dissipate following construction activities.Any increase in noise levels during the construction phase will be short-term activities that take place
during daylight working hours,when noise sensitivity is lowest. Furthermore,construction phases would be relatively short,and will comply with the
City of Buffalo Noise Ordinance regulations(City Charter Chapter 293-4).A fully redeveloped Northland corridor will not generate any significant
odors.Any odor generation will be anticipated to be typical of non-manufacturing commercial and light industrial facilities.The Project will include the
re-introduction of exterior lighting to existing parking areas and building exteriors within the Project Area,which are currently dark.While light levels
will be greater than the current inactive lighting conditions,all proposed exterior lighting will be designed to blend with the existing artificial ambient
lighting of the area(street lights and traffic lights)and to avoid any effects to adjoining residential properties.Accordingly,the Project will not have a
significant adverse impact on noise,odor or light.
xv. Impact on Human Health.The impacts to human health associated with the Project have been thoroughly evaluated. First,the
Project will involve light industrial uses which may involve limited use,handling and/or storage hazardous materials. Potential impacts to human
health from such activities are considered minor because of the comprehensive Federal,State and local regulatory programs applicable to
businesses that handle,store and/or treat or transport hazardous materials and the significant penalties(including imprisonment)associated with
non-compliance.Second,the Project will involve demolition and rehabilitation of existing structures.Such activities necessarily generate both solid
waste(construction and demolition debris)and hazardous waste when hazardous materials used on the construction of such facilities(asbestos,for
example)are removed and/or abated prior to demolition and/or renovation activities.Short-term increases in the generation of non-hazardous solid
wastes that will occur during the decommissioning and construction activities on redeveloped properties in the Project Area will be reduced by
proper handling,transportation,and disposal of waste at permitted off-site facilities.Construction and demolition debris will be minimized through
the recycling and/or reuse of brick,block,concrete and scrap metal from the select demolition activities.Additionally,fencing will be used around
construction areas,and where necessary,to delineate excavations and to prevent the entry to the site of unauthorized personnel.Appropriate signs
will be posted to inform those entering the Project Area and near construction sites of the potential construction hazards and appropriate actions will
be taken while on site.The Project will minimize risk to construction personnel by fully complying with applicable Occupational,Safety and Health
Administration and New York State Labor Law requirements.Third,the Project will involve the redevelopment of properties at 537 E. Delavan and
777 Northland that have become contaminated from historic industrial activities and that require environmental site remediation. Plans and
specifications will be developed for the removal and disposal of asbestos and hazardous materials,industrial cleaning of the buildings,underground
and above ground storage tank removal,contaminated soil removal and for select demolition work.537 E. Delavan is a State Superfund Site(i.e.,on
State Registry of Inactive Hazardous Sites)and the BUDC is voluntarily entering into an Order on Consent with NYSDEC to implement a remedy at
that site.777 Northland will also be remediated to address on site contamination.Overall,the Project will have potential temporary and minor
impacts associated with public health within or around the Project Area. However,such impacts will be appropriately addressed through best
practices and concurrence with existing laws and regulations as described above.Accordingly,the Project will not have a significant adverse impact
on public health within or around the Project Area and due to significant remediation/abatement of existing contamination,the Project is anticipated
to result in improvements to public health.
xvi. Impact on Growth and Character of the Community.The Project is consistent with current land use and zoning
regulations,as well as the proposed UDO that is currently under development. Under both the current zoning code and the UDO,the Project Area
will support commercial and light industrial use.Additionally,the Project will also be consistent with the existing community characteristics as a
mixed use industrial/commercial and residential neighborhood. Furthermore,most of the properties neighboring the Project Area are predominately
industrial/commercial properties with some residential properties north of Northland Avenue.While it has been noted by NYSDEC in its comment
letter that the Project Area is located in a potential Environmental Justice area,none of the Project permits are anticipated to trigger NYSDEC EJ
formal outreach policies and the BUDC has engaged and will continue to engage in extensive community outreach about the Project.Accordingly,
the Project will be consistent with community plans,will not have an significant adverse impact to the character of the community,and in fact,due to
significant redevelopment,the Project is anticipated to result in improvements to overall community character within or around the Project Area.
2.Taking into consideration all of the above,the Planning Board has determined that the Project will not have a significant adverse impact upon the
environment and a negative declaration("Negative Declaration")pursuant to SEQRA is hereby issued.
This Resolution has been prepared in accordance with article 8 of the Environmental Conservation Law,was adopted by a majority vote of the
Planning Board on February 8,2016,shall serve as the Negative Declaration(as defined in 6 N.Y.C.R.R.617.2(y))for the Project and is issued by
the Planning Board,acting as Lead Agency,in a coordinated environmental review pursuant to SEQRA.
Copies of this resolution shall be filed with the following:
(1)The Mayor of the City of Buffalo;
(2)The City of Buffalo Planning Board;
(3)The Interested and Involved Agencies(Office of the Mayor, Hon. Byron W. Brown,City of Buffalo Common Council,City of Buffalo Office of
Strategic Planning,City of Buffalo Zoning Board of Appeals,City of Buffalo Department of Permit and Inspection Services,City of Buffalo Sewer
Authority,City of Buffalo Water Department/Buffalo Water Board, Buffalo Urban Renewal Agency, Erie County Department of Environment and
Planning, Erie County Industrial Development Agency, New York State Urban Development Corp.d/b/a Empire State Development Corporation,
New York State Power Authority, New York State Department of Environmental Conservation, New York State Office of Parks Recreation and
Historic Preservation, New York State Energy Research and Development Authority);and
(4)The Buffalo Urban Development Corporation.
In addition,a notice of this Negative Declaration shall be filed in the Environmental Notice Bulletin("ENB").
For further Information Contact:
City of Buffalo
Planning Board
c/o Nadine Marrero Director of Planning
901 City Hall
Buffalo, New York 14202(716)-851-5029
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMPTROLLER
NO.306
CERTIFICATE OF NECESSITY-N.BFLO ICE RINK
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$121,000 be transferred and reappropriated as set forth below:
From:
30000106-445100 Capital Projects Planning $121,000
To:
30091806-445500 North Buffalo Ice Rink—Design $121,000
RECEIVED AND FILED
NO.307
AUDIT OF FIRE DEPT PAYROLL PROCEDURES
Attached please find the audit report on Fire Department Payroll Procedures.
The response from Fire Commissioner Garnell Whitfield is also attached,as well as City Auditor Kevin Kaufman's reply to the
Commissioner.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE
NO.308
LETTERS TO MANAGEMENT FROM INDEPENDENT AUDITORS
Attached please find the letter to management from independent auditors Dresher&Malecki resulting from their audit of the basic
financial statements of the City.Although this document is dated November 16,2015,which was last day of the auditors'fieldwork,the
final document was not issued until February 9,2016.
This document includes suggested improvements to our financial transaction processes,as well as planned corrective actions. Please
contact me if you have any questions or concerns.
Copy available for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS,PARKS AND STREETS
NO.309
CHANGE IN CONTRACT CAZENOVIA POOL STEEL&ROOF REPLACEMENT
SOUTH DISTRICT
PRIOR COUNCIL REFERENCE:#2454 of 12/9/14
I hereby submit to Your Honorable Body the following changes for Cazenovia Pool Steel&Roof Replacement, DiDonato Engineering&
Architectural Professionals,C#93001460.
The scope of work for this change order includes details and sketch drawings that depict modifications of the existing steel frames with
new cover plates and high performance paint.
Add $2,500.00
The foregoing changes result in a net increase in the contract of Two Thousand Five Hundred Dollars and 0 Cents($2,500).
Summary: Previous Amount Approved $33,850.00
Amount of This Change Order $2,500.00
Total Approved Amount to Date $36,350.00
Costs have been reviewed and the Department of Public Works, Parks&Streets and were found to be fair and equitable. Funds for this
work will be available in account No.37321306-445100 Buildings.
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 February 8,2016,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$2,500.00(Original Contract Amount$33,850.00+Change Order#1 $2,500.00 for a Total Contract
Amount of$36,350.00)for the Cazenovia Pool Steel and Roof Replacement,with DiDonato Engineering&Architectural Professionals,
Contract#93001460. Funds are available in Account#37321306-445100 Buildings.
PASSED
AYES 9, NOES 0
NO.310
CHANGE IN CONTRACT ENVIRONMENTAL CONSULTANT SERVICES FOR
ESI AND HHR INVESTIGATION FOR WALDEN PARK
CONTRACT#H0000307 CDBG,IDIS 8598
Prior Council Reference:September 15,2015, Item#1791
Permission is hereby requested from Your Honorable Body to increase the consultant contract for the above named contract.A Limited
Environmental Phase II Site Investigation was conducted and completed in January 2016.
The results of this investigation requires that a Supplemental Phase II Environmental Investigation(ESI)and Human Health Risk
Assessment(HI-IRA)for Walden Park be conducted in order to fully understand the on-site environmental characteristics.This change
order is necessary to increase the contract encumbrance to conduct the ESI and HHRA for Walden Park.
ADD: Supplemental Phase II Environmental Investigation(ESI) $60,158.00
Human Health Risk Assessment(HHRA) $36,000.00
Existing Contract Amount $31,344.00
Change order total $96,158.00
Revised Contract Amount $127,502.00
Funds for this contract are available in#CG9B3037 470000, DJ9B2017-400000 and account(s)to be named at a later 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
Core Environmental Consultants, Inc.
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 February 10,2016,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 for the Environmental Consultant Services for ESI and HHRA Investigation for Walden Park in the amount of
$96,158.00(Original Contract Amount$31,344.00+Change Order#1 $96,158.00 for a Revised Contract Amount of$127,502.00).
Funds for this contract are available in Account#CG9B3037-470000, DJ9B2017-400000,and an account(s)be named at a later date.
PASSED
AYES 9, NOES 0
NO.311
CHANGE IN CONTRACT NORTH WEST COMMUNITY CENTER REHABILITATION PROJECT#40-50205-NW
NORTH DISTRICT
PRIOR COUNCIL REFERENCE:#716 of 4/14/15
I hereby submit to Your Honorable Body the following changes for North West Community Center, Rehabilitation Project,Jameson
Roofing, Inc.,C#H0000288.
The scope of work for this change order includes the removal of Bid Item#5,painting and restoration of air discharge structures.Also,
additional work to include masonry at the West facing corner South end Rain table. Repointing of stone to stone joists and stone to
brick joints to prevent water from entering interior waiting room area.
Deduct $1,750.00
The foregoing changes result in a net decrease in the contract of One Thousand Seven Hundred Fifty Dollars and 0 Cents($1,750).
Summary: Previous Amount Approved $964,205.00
Amount of This Change Order -$ 1,750.00
Total Approved Amount to Date $962,455.00
Costs have been reviewed and the Department of Public Works, Parks&Streets and were found to be fair and equitable.
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 February 9,2016,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$1,750.00(Original Contract Amount$964,205.00-Change Order#1 $1,750.00 for a Total
Contract Amount of$962,455.00)for the North West Community Center Rehabilitation Project,with Jameson Roofing, Inc.,Contract
#H0000288.
PASSED
AYES 9, NOES 0
NO.312
PERMISSION FOR ENCROACHMENT ON PUBLIC RIGHT-OF-WAY
486-492 ELMWOOD OVERHEAD BALCONY
NIAGARA DISTRICT
Mr. Rocco Termini,Managing Partner of 486 Elmwood LLC,has requested permission to install a self-supported balcony over the
sidewalk abutting 486-492 Elmwood.The balcony was conditionally approved by the Planning Board as part of the overall site plan
review at its meeting on September 8,2015.
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 Section 67(Encroachment
Regulations)of the City Charter and recommends that Your Honorable Body authorize the Commissioner of Public Works, Parks and
Street to issue a"Revocable License",subject to approval as-to-form by Corporation Counsel,for said encroachment provided the
following conditions are met:
1.That the applicant obtain any and all City of Buffalo permits as necessary.
2.That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection
Services.
3.The owner/operator of 486-492 Elmwood shall have all obligations of construction,maintenance,repair,responsible operation(and
ultimately pay for the cost of balcony removal),unlimited indemnification by owner/operator in favor of City(and the Buffalo Sewer
Authority)and responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 486-
492 Elmwood.The revocable license agreement shall be recorded at the owner/operator's expense in the Erie County Clerk's Office in
such form as shall cause the owner/operator obligations to run with the land know as 486-492 Elmwood.
4.That,in the event that the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result
of factors effecting the health,safety and welfare of the public,or the needs of the City,said commissioner may order the immediate
removal of the encroachments as described in Chapter 413-67(F)of the City Charter.The cost of removal shall be borne by the
applicant.
5.That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by
the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,
maintenance,use and removal of said encroachments.
6.That the applicant pay an annual license fee as determined by the Division of Real Estate.
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 February 11,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets,pursuant to
Chapter 416 Section 67(Encroachment Regulations)of the City Charter to issue a"Revocable License"to Mr. Rocco Termini,
Managing Partner of 486 Elmwood LLC,to install a self-supported balcony over the sidewalk abutting 486-492 Elmwood within a City
right-of-way abutting said property,after being referred to the Planning Board for the necessary site plan review and approval,provided
the following conditions are met:
-That the applicant obtains any and all City of Buffalo permits necessary.
-That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection
Services.
-That the owner/operator of 486-492 Elmwood shall have all obligations of construction,maintenance,repair,responsible operation(and
ultimately pay for the cost of balcony removal),unlimited indemnification by owner/operator in favor of City(and the Buffalo Sewer
Authority)and responsibility for all liabilities associated with the balcony and these obligations shall also run with the land known as 486-
492 Elmwood.The revocable license agreement shall be recorded at the owner/operator's expense in the Erie County Clerk's Office in
such form as shall cause the owner/operator obligations to run with the land known at 482-492 Elmwood.
-That,in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of
the factors effecting the health,safety and welfare of the public,or the needs of the City,said Commissioner may order the immediate
removal of the encroachment as described in Chapter 413-67(F)of the City Charter.
-That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by the
Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,
maintenance,use and removal of said encroachments.
-That the applicant pay an annual license fee as determined by the Division of Real Estate.
PASSED
AYES 9, NOES 0
NO.313
PERMISSION FOR ENCROACHMENT ON PUBLIC RIGHT-OF-WAY 1800 JEFFERSON AVENUE,CANISIUS COLLEGE
FLASHING PEDESTRIAN WARNING SIGN MASTEN DISTRICT
Mr.Thomas Ciminelli, Director of Facilities at Canisius College,has requested permission to install an LED crosswalk warning system
within City Right of Way adjacent to the crosswalk abutting 1800 Jefferson Avenue,at the intersection of Jefferson and Hughes.The
proposed warning system would include two sign posts with crosswalk warning signs and solar powered,push button operated warning
lights.The sign posts would be installed within the standard area where traffic signs are installed,approximately 18-36 inches from the
curb in the"snow storage"area.The flashing warning lights would be activated by the push button to alert motorists that a pedestrian in
entering the crosswalk.
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 Section 67(Encroachment
Regulations)of the City Charter and recommends that Your Honorable Body authorize the Commissioner of Public Works, Parks and
Street to issue a"Revocable License",subject to approval as-to-form by Corporation Counsel,for said encroachment provided the
following conditions are met:
1.That the applicant obtain any and all City of Buffalo permits necessary.
2.That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection
Services.
3.That the applicant be responsible for maintenance of the encroachments as long as they remain within City right of way.
4.That,in the event that the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result
of factors effecting the health,safety and welfare of the public,or the needs of the City,said commissioner may order the immediate
removal of the encroachments as described in Chapter 413-67(F)of the City Charter.
5.That the applicant enter into a revocable license agreement and provide a certificate of insurance deemed sufficient by the
Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,
maintenance,use and removal of said encroachments.
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 February 10,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets,pursuant to
Chapter 416 Section 67(Encroachment Regulations)of the City Charter to issue a"Revocable License"to Mr.Thomas Ciminelli,
Director of Facilities at Canisius College,to install a LED crosswalk warning system within a City right-of-way abutting said property,
after being referred to the Planning Board for the necessary site plan review and approval,provided the following conditions are met:
-That the applicant obtains any and all City of Buffalo permits necessary.
-That the encroachments be installed exactly as shown on plans submitted to and approved by the Department of Permit&Inspection
Services.
-That the applicant be responsible for maintenance of the encroachments as long as they remain within the City right-of-way.
-That,in the event that the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a result of
the factors effecting the health,safety and welfare of the public,or the needs of the City,said Commissioner may order the immediate
removal of the encroachment as described in Chapter 413-67(F)of the City Charter.
-That the applicant enter into a revocable license agreement and provide a certificate of insurance and/or bond deemed sufficient by
the Corporation Counsel which will indemnify the City of Buffalo against any and all loss or damage arising out of the construction,
maintenance,use and removal of said encroachments.
PASSED
AYES 9, NOES 0
NO.314
PERMISSION TO HIRE CONSULTANT CAZENOVIA POOL WINDOW REPLACEMENT
SOUTH DISTRICT
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire
DiDonato Engineering&Architectural Professionals as a consultant to provide architectural and engineering services for Cazenovia
Pool Window Replacement.
The cost for consulting services is estimated not to exceed$15,000.Costs have been reviewed by the Department of Public Works,
Parks&Streets and were found to be fair and equitable. Funds for this work will be made available by FEMA-Account#25123206-
434000-11314.
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 February 8,2016,be received and filed;and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire DiDonato Engineering&
Architectural Professionals as a consultant to provide architectural and engineering services for the Cazenovia Pool Window
Replacement.The cost for consulting services is estimated not to exceed$15,000. Funds for this work will be made available by FEMA
-Account#25123206-434000 11314.
PASSED
AYES 9, NOES 0
NO.315
PERMISSION TO HIRE CONSULTANT—CORRECTION CITY HALL—IMPROVEMENTS
ELLICOTT DISTRICT
PRIOR COUNCIL REFERENCE:#80 of 1/19/16
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire Foit
Albert Associates as a consultant to provide architectural and engineering services for City Hall-Improvements
The cost for consulting services is estimated not to exceed$148,511.The funds are available in account#33291706-445500.The
consultant has been chosen through a Request for Proposal process(RFP).
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 February 6,2016,be received and filed;and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Foit Albert Associated as a
consultant to provide architectural and engineering services for City Hall Improvements.The cost for consulting services is estimated
not to exceed$148,511.The consultant was chosen through a Request for Proposal(RFP)process.The funds are available in
Account#33291706-445500.
PASSED
AYES 9, NOES 0
NO.316
PERMISSION TO HIRE CONSULTANT OLMSTED PARKS BUILDINGS
IMPROVEMENTS ROOF&EXTERIOR RECONSTRUCTION
DELAWARE DISTRICT,SOUTH DISTRICT
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire
Architectural Resources as a consultant to provide architectural and engineering services for the Olmsted Parks Building Improvements
at Delaware Park and South Park.
The cost for consulting services is estimated not to exceed$55,000.The funds are available in account#33203296-445500.The
consultant will be chosen through a Request for Proposals(RFP)process.
Reconstruction(Del,South)(DPW)
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 February 11,2016,be received and filed;and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Architectural Resources as a
consultant to provide architectural and engineering services for the Olmsted Parks Buildings Improvements at Delaware Park and
South Park.The cost for consulting services is estimated not to exceed$55,000.The consultant was chosen through a Request for
Proposal(RFP)process.The funds are available in Account#33203296-445500.
PASSED
AYES 9, NOES 0
NO.317
PERMISSION TO HIRE CONSULTANT WENDEL
2016-2017 CITYWIDE TREE MANAGEMENT&PLANNING
Permission is hereby requested from Your Honorable Body to authorize the Department of Public Works, Parks and Streets to hire
Wendel WD Architecture,Surveying&Landscape Architecture, PC as a consultant to provide architectural and engineering services
for the 2016-2017 Citywide Tree Management&Planning.
The cost for consulting services is estimated not to exceed$155,090.00.The funds are available in account#30001016-445100 and
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 February 11,2016,be received and filed;and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Wendel WD Architecture,
Surveying&Landscape Architecture, PC as a consultant to provide architectural and engineering services for the 2016-2017 Citywide
Tree Management and Planning.The cost for consulting services is estimated not to exceed$155,090.00.The funds are available in
Account#30001016-445100,and an account(s)to be named at a later date.
PASSED
AYES 9, NOES 0
NO.318
PERMISSION TO HIRE WOODSMITH FENCE CORPORATION NOVEMBER 2014 STORM DAMAGED
FENCE&GUIDERAIL REPLACEMENT NORTH&SOUTH LEGION-GROUP 814C SOUTH DISTRICT
I respectfully request that Your Honorable Body authorize the Department of Public Works, Parks and Streets to grant permission to
hire Woodsmith Fence Corporation to repair and replace guide rail and chain link fence on North and South Legion that was damaged
in the November 2014 storm.The contractor was the low bidder on two separate informal procurements that were done.The DPW
elected to combine the procurements into one contract for simplicity.
The costs for services are estimated not to exceed$50,000 and are reimbursable by FEMA.The funds are available in account
15030006-434000 and/or an 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 February 3,2016,be received and filed;and
That the Common Council hereby authorizes the Department of Public Works, Parks and Streets to hire Woodsmith Fence Corporation
to repair and replace guiderails and chain link fences on North and South Legion that was damaged in the November 2014 storm.The
cost for services is estimated not to exceed$50,000.00 and are reimbursable by FEMA.The funds are available in Account
#15030006-434000,and an account(s)to be named at a later date.
PASSED
AYES 9, NOES 0
NO.319
PERMISSION FOR REDUCTION OF RETENTION OHIO STREET AND INNER HARBOR INFRASTRUCTURE IMPROVEMENT
PROJECT CONCRETE APPLIED TECHNOLOGIES CORP-CONTRACT#93001280 FILLMORE DISTRICT
This is to request from your Honorable Body for authorization of a reduction in the retention for the Ohio Street and Inner Harbor
Infrastructure Improvement Project.
This is a Federal and State funded project and as per direction of NYSDOT,the City should not retain the full 5%from contractor until
the project completion.
The contract documents state that 50%of retention will be released when 75%of the work is completed.The Department is satisfied
that in excess of 75%of the work is complete and recommends that retention be reduced in accordance with the contract provisions.
Therefore, I am requesting your honorable Body's authorization Commissioner of the Public Works, Parks and Street to reduce the
retention on this contract from 5%to 2.5%. It is the opinion of this Department that the retention proposed is sufficient to guarantee for
completion of this contract.
Mr. Rivera moved:
That the above communication from the Commissioner of the Department of Public
Works, Parks and Streets dated February 11,2016,be received and filed;and
That the Common Council hereby authorizes the Commissioner of the Department of Public Works, Parks and Streets to reduce the
retention from 5%to 2.5%in Contract#93001280,Concrete Applied Technologies Corp.for the Ohio Street and Inner Harbor
Infrastructure Improvement Project.
PASSED
AYES 9, NOES 0
NO.320
REPORT OF BIDS 2016 BLOCK PRUNING GROUP#871
I advertised for on January 26,2016 and received the following formal sealed bids for the 2016 Block Pruning,which were publicly
opened and read on February 5,2016.
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 Total Bid
Davey Tree Expert $138,596.00
1200 Commerce Pkwy.
Lancaster, New York 14086
(failed to provide the required documents)
Tree Care of NY $156,425.00
11493 Broadway
Alden, New York 14004
AJ's Tree Service $167,100.00
6 Whispering Ct.
East Amherst, New York 14051
Bradley Tree $173,600.00
12671 Vermont St.
Holland, New York 14080
Schnecks Tree Removal $198,600.00
2861 Southwestern Blvd.
Orchard Park, New York 14127
I hereby certify that the foregoing is a true and correct statement of all bids received and that Tree Care of NY is the lowest responsible
bidder.
I respectfully recommend that your Honorable Body authorize a contract award in the amount of One Hundred Fifty Six Thousand Four
Hundred Twenty Five 00/100($156,425.00)
Funds for this contract are available in 14570006-456000 and 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 February 8,2016,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 2016 Block Pruning,with Tree Care of NY,with a total contract amount of$156,425.00. Funds for this contract are
available in Account#14570006-456000,and/or an account(s)to be named at a later date.
PASSED
AYES 9, NOES 0
NO.321
REPORT OF BIDS—CORRECTION ENGINE 25
NEW ROOF&DECK SOUTH DISTRICT
PRIOR COUNCIL REFERENCE: #1444 of 7/18/14
I asked for on May 27,2014,and received the following formal sealed bids for Engine 25 New Roof&Deck,which were publicly opened and read on
July 1,2014.
I hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Metal&Roofing,with a Base Bid of
$514,900.00,a contingency of$51,490.00 for a total bid of Five Hundred Sixty Six Thousand Three Hundred Ninety and 00/100 Dollars
($566,390.00)is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks&Streets to order on the basis of the lowest responsible
bids. Funding for this project is available in Account No.38320316 445100 and 38322986 445100-Buildings.
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 February
10,2016,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
Engine 25 New Roof and Deck with Weaver Metal&Roofing,with a total bid amount of$566,390.00(Base Bid of$514,900.00+a contingency of
$51,490.00 for a total bid of$566,390.00). Funding for this contract is available in Account#38320316 445100 and 38322986 445100-Buildings.
PASSED
AYES 9, NOES 0
NO.322
APPOINT TRUCK DRIVER(PROV)(STEP 2)(LAWS)
Certificate of Appointment
Appointment effective 2/1/16 in the Department of Public Works, Parks&Streets, Division of Streets to the Position of Truck Driver Provisional
Competitive Step 12 starting salary of$24,377
Dwain Laws,427 Cornwall Avenue, Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO.323
ACCEPTANCE OF DONATION
The Buffalo Police Department recently received two(2)$500.00 checks from the NOCO FOUNDATION as a donation to the Department as a token
of appreciation for the continued support and law enforcement efforts utilized at and around their stores and other entities in Buffalo.
The Buffalo Police Department hereby requests approval and permission from your Honorable Body to accept this donation. If approved,the funds
will be placed in special revenue account#71000000 210020 and then utilized to purchase equipment and other items needed specifically in the
District houses to facilitate the required tasks of Officers to perform their law enforcement duties.
The Buffalo Police Department hereby requests approval from your Honorable Body to accept this donation.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the Buffalo Police Department dated February 4,2016,be received
and filed;and
That the Common Council hereby authorizes the Commissioner of the Buffalo Police Department to accept a donation from the NOCO Foundation in
the amount of$1,000.00 to the Buffalo Police Department as a token of appreciation for the continued support and law enforcement efforts utilized at
and around their stores and other entities in Buffalo.The funds will placed in Special Review Account#71000000 210020,and then utilized to
purchase equipment and other items needed specifically in the District houses to facilitate the required tasks of Officers to perform their law
enforcement duties.
PASSED
AYES 9, NOES 0
NO.324
APPOINT POLICE LIEUTENANT(PERM)(BANASZAK,ANAYA„KOKTAJLO,MAYES,WHITENIGHT,LLOYD)
Certificate of Appointment
Appointment effective January 26,2016 in the Department of Police Division of Patrol to the position of Police Lieutenant Permanent, Promotion Flat
starting salary$81,343
Derrick R. Banaszak,5887 Monaghan Lane,Clarence Center 14032
Kenneth Anaya,233 Rockdale Drive,Amherst, 14228
Jon J. Kokotajlo, 134 Baitz Avenue, Buffalo 14206
Thomas R.Mayes,5400 South Park Ave.#G-1. Hamburg 14075
Jason R.Whitenight, 121 Kathy Lane,W.Seneca 14224
Andre M. Lloyd, 16 Preston Road, Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.325
APPOINT POLICE LIEUTENANT(CONT PERM)(SMITH,NIGRELLI,ROACH,GOODSPEED)
Certificate of Appointment
Appointment effective January 26,2016 in the Department of Police Division of Patrol to the position of Police Lieutenant Contingent Permanent,
Promotion Flat starting salary$81,343
Vickie L.Smith,32 Bame Avenue, Buffalo 14215
Peter C. Nigrelli, 160 Bloomfield Avenue, Buffalo 14220
Lashondra M. Roach, 162 Goembel, Buffalo 14211
Mark M.Goodspeed, 145 Shedandoah, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.326
APPOINT DETECTIVE(PERM)(DRABIK,BENITEZ,LORENZO)
Certificate of Appointment
Appointment effective January 26,2016 in the Department of Police Division of Detective Bureau to the position of Detective Permanent, Promotion
Flat starting salary$73,485
William Drabik,903 Girdle Road, Buffalo 14052
Donna M. Benitez,201 Willow Breeze Road,Tonawanda, 14223
Jose L. Lorenzo,217 Prospect Avenue, Buffalo 14201
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO.327
APPOINT DETECTIVE(CONT PERM)(SHEA)
Certificate of Appointment
Appointment effective January 26,2016 in the Department of Police Division of Detective Bureau to the position of Detective Contingent Permanent,
Promotion Flat starting salary$73,485
Anthony O.Shea, 19 Susan Lane,Tonawanda 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO.328
PURCHASE CAB&CHASSIS VEHICLE
We are requesting Council approval to purchase a 2016 Dodge crew cab and chassis.We have funds appropriated to purchase this vehicle in our
12136007 474200 budget line and it is available through state contract.This vehicle will be utilized by the Buffalo Fire Department Haz Mat Unit when
responding to calls.
Mr. Rivera moved:
That the above item be,and the above communication from the Commissioner of the
Buffalo Fire Department,dated January 27,2016,be received and filed;
That the Common Council hereby authorizes the Commissioner of the Buffalo Fire Department to purchase one(1)2016 Dodge crew cab and
chassis to be used by the Buffalo Fire Department Haz Mat Unit when responding to calls. Funds are available in Account#12136007 474200.
PASSED
AYES 9, NOES 0
NO.329
APPOINT FIRE CAPTAIN(PERM)(MAX)(OSINSKI,BENTON)
Certificate of Appointment
Appointment effective February 10,2016 in the Department of Fire Division of Fire to the position of Fire Captain Permanent, Promotion Maximum
starting salary$80,508
Matthew Osinski,2317 Staley Road,Grand Island 14072
Steven Benton,4 John Paul Court, Buffalo 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT&
INSPECTION SERVICES
NO.330
FOOD STORE(NEW)1036 E.FERRY(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 1036 E. FERRY(OSAMAH ALDHABYAN I/BUFFALO MEATS LLC.)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.331
SECOND HAND DEALER-1125 BROADWAY(FILL)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand Dealer
License located at 1125 BROADWAY and find that as to form is correct. I have caused an investigation into the premises for which said application
for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building
Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of SALEEM YOUSUF The attached thereto for SALEEM YOUSUF/FAMACO INC d/b/a/CITY APPLIANCE&METAL.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 Permit and Inspection Services,dated February
8,2016,be received and filed;and
That pursuant to Chapter 254 of the City Code,the Commissioner of the Department of Economic Development Permit and Inspection Services be,
and he hereby is authorized to grant a Second Hand Dealer License to Saleem Yousuf d/b/a Famaco Inc.d/b/a City Appliance&Metal located at
1125 Broadway is hereby approved.
PASSED
AYES 9, NOES 0
NO.332
USED CAR DEALER 409 HERTEL(AKA 276 MILITARY)(NORTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances,please be advised that I have examined the attached application for a Used Car Dealer
License located 409 HERTEL(aka 276 MILITARY)and find that as to form is correct. I have caused an investigation into the premises for which said
application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and Building
Inspections; I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of SARMAEL SABIR.The attached thereto for SARMAEL SABIR/dba/BALCK GOLD RESALE CENTER.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 January 26,2016,be received and filed;
That the Commissioner of the Department of Economic Development, Permits and Inspection Services is hereby authorized pursuant to Chapter 254
of the City Code to issue a Used Car Dealer License to Sarmael Sabir d/b/a Black Gold Resale Center located at 409 Hertel a/k/a 276 Military.
PASSED
AYES 9, NOES 0
NO.333
APPOINT CHIEF BUILDING INSPECTOR(PROV)(MAX)(COLLINS)
Certificate of Appointment
Appointment effective February 3,2016 in the Department of Economic Development Permits&Inspections Division of Permit&Inspections to the
position of Chief Building Inspector Provisional, Promotion Maximum starting salary$61,425
Ronald Collins, 153 Choate Avenue, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PARKING
NO.334
APPOINT PARKING ENFORCEMENT OFFICER(PERM)(INTER)(CLYBURN)
Certificate of Appointment
Appointment Effective 2/2/16,in the Department of Parking Division of Parking Enforcement to the Position of Parking Enforcement Officer 55A
Permanent Non-Competitive Intermediate Starting salary of$29,830
Anthony Clyburn,210 Brunswick Blvd, Buffalo 14208
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO.335
APPLICATION FOR RESTRICTED USE PERMIT-69 W.CHIPPEWA(03/03/2016)
CITY OF BUFFALO
OFFICE OF THE CITY CLERK
APPLICATION FOR RESTRICTED USE PERMIT
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.
Name of Applicant Bottoms Up V,LLC
Business Address 69 W.Chippewa St
Event Address Same
Name of Event March Madness Bash
Date of One-Time Event 3/3/16
Is this a Recurring Event No
Number of People Anticipated 100-150
Start time and end time of event Start 10:30 pm End 3:00 am
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 March 3,2016,is hereby approved.
PASSED
AYES 9, NOES 0
FROM THE CITY CLERK
NO.336
APPLICATION FOR RESTRICTED USE PERMIT-69 W.CHIPPEWA(03/17/2016)
CITY OF BUFFALO
OFFICE OF THE CITY CLERK
APPLICATION FOR RESTRICTED USE PERMIT
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.
Name of Applicant Bottoms Up V,LLC
Business Address 69 W.Chippewa St
Event Address Same
Name of Event St. Patty's Party
Date of One-Time Event 3/17/16
Is this a Recurring Event No
Number of People Anticipated 100-150
Start time and end time of event Start 10:30 pm End 3:00 am
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 March 17,2016,is hereby approved.
PASSED
AYES 9, NOES 0
NO.337
ITEM RETURNED TO CITY CLERK BY MAYOR WITHOUT APPROVAL OR DISAPPROVAL
I hereby inform you that the following Item which was passed by the Common Council on January 19,2016
No. 159 Waiver of Fee for"Buffalo Native Resource Center Egg Hunt"
No. 160 Waiver of Fees for"Buffalo Native Resource Center Summer Camp"
Was presented to the Mayor on January 22,2016,and returned to the City Clerk on February 3,2016 without approval or disapproval
Respectfully submitted,
Gerald A.Chwalinski
City Clerk
RECEIVED AND FILED
NO.338
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 Address Owner's Name
261 Swan St Pucho Inc. Wilmer Olivencia
130 Main St Global Spectrum&ECHDC Paul Weinberg
414 Pearl St Tavern 414 Anthony Robert Inc
1261 Fillmore Pending Rashard Davis
59 Allen Giacobbis Cucina Citta Jocobi Enterprises
1063 Grant Showplace Theater Kevin Brooks
RECEIVED AND FILED
NO.339
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-Stephanie Feliciano, Kate McKeating,Arwen Marlette
RECEIVED AND FILED.
NO.340
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 2/1/16 in the Department of Public Works, Parks&Streets Division of Parks to the Position of Lifeguard Seasonal Non-
Competitive Hourly starting salary of$13.06
Jordan Ernest, 127 Minton St, Buffalo 14210
Certificate of Appointment
Appointment effective 2/2/16 in the Department of Parks Division of Parking Enforcement to the Position of Laborer II Seasonal Non-Competitive Flat
starting salary of$13.09/hour
Sarah Kapanek,58 Columbus Ave Lower, Buffalo 14220
Certificate of Appointment
Appointment effective 2/3/16 in the Department of Parks Division of Parking Enforcement to the Position of Laborer II Seasonal Non-Competitive Flat
starting salary of$13.09/hour
Thomas R. Betts,219 Hutchinson, Buffalo 14215
Certificate of Appointment
Appointment effective 2/3/16 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Laborer II Seasonal Non-
Competitive Hourly starting salary of$13.06
Isaiah Jefferson, 130 Auburn Ave.Apt#4, Buffalo 14213
Certificate of Appointment
Appointment effective 2/15/16 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Laborer II Seasonal Non-
Competitive Hourly starting salary of$13.06
Michael Torrell,54 Culver Dr. Buffalo 14220
Certificate of Appointment
Appointment effective 2/16/16 in the Department of Public Works, Parks&Streets Division of Water to the Position of Water Service Worker
Seasonal Non-Competitive Hourly starting salary of$13.06
Jere!Williams,64 Hamlin Rd, Buffalo 14208
NO.341
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 February 1,2106 in the Department of Assessment and Taxation to the Position of Account Clerk Typist Temporary
Appointment First Step Starting salary of$35,403
Boualivone Serixay, 115 Ontario Street, Buffalo 14207
Certificate of Appointment
Appointment effective 2/18/16 in the Department of Call and Resolution Center Division of Citizen Services to the Position of Complaint Clerk
Temporary Appointment Minimum starting salary of$34,013
Quinton J.McClain, 134 Kelburn Street, Buffalo 14206
Certificate of Appointment
Appointment effective 2/8/16 in the Department of Human Resources Division of Civil Service to the Position of Personnel Assistant Permanent
Open-Competitive Minimum starting salary of$37,120
Luis Hernandez,851 Columbus Pkwy, Buffalo 14213
Certificate of Appointment
Appointment effective February 8,2015 in the Department of Community Services Division of Contract Administration to the position of Human
Resource Planner Permanent 55A Non-Competitive Minimum starting salary of$47,107
Lisa M.Yaeger, 1461 Amherst St, Buffalo 14214
Certificate of Appointment
Appointment effective 2/1/16 in the Department of Mayor's Office of Strategic Planning Division of Executive to the Position of HUD Grant Program
Administrator Provisional Open-Competitive Minimum Starting salary of$48,445
Rashika L. Hall,614 Wyoming Avenue, Buffalo 14215
Certificate of Appointment
Appointment effective 1/29/16 in the Department of Public Works, Parks&Streets Division of Streets to the Position of Truck Driver Provisional
Competitive Minimum Starting salary of$24,377
Darryl Glasco, 12 Camelot, Buffalo 14214
Certificate of Appointment
Appointment effective 2/1/16 in the department of Public Works, Parks&Streets Division of Parks to the Position of Park Utility Worker Provisional
Open-Competitive minimum starting salary of$24,377
Ian Danieu,213 Okell St., Buffalo 14220
Certificate of Appointment
Appointment effective 2/3/16 in the department of Public Works, Parks&Streets Division of Streets to the Position of Equipment Operator
Provisional Open-Competitive minimum starting salary of$24,377
Lawrence Williams,331 Phyliss Ave, Buffalo 14215
NON-OFFICIAL COMMUNICATIONS,PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO.342
GBNRTC-DRAINAGE IMPROVE OVER RTE 241
PUBLIC NOTICE:TIP AMENDMENT#37,#38,#39,#40 and#42
GBNRTC TIP Amendment#37: PIN 5812.87 Drainage Improvements over Rt.240 from Potters Rd to Cazenovia Creek-New Project
The Greater Buffalo-Niagara Regional Transportation Council(GBNRTC),the Metropolitan Planning Organization for Erie and Niagara Counties,is
proposing to amend its current 2014-2018 Transportation Improvement Program(TIP)by adding one(1)project.
PIN 5812.87 Drainage Improvements over Rt.240 from Potters Rd to Cazenovia Creek will improve the drainage along the corridor to eliminate the
extensive ponding of storm water during rain events by installing a new enclosed drainage system along the east side of NY Route 240 between
Loxley Court and Fairfax Drive.
Let date will be 12/16
Total construction cost is$0.354M($0.284M federal NHPP+$0.070M State match),
The offsets for adding PIN 581287 to the STIP are as follows:
•Delete PIN 5V1653(VPP-Rt.62 from East of Mavis Drive to Rt.429)from the STIP,which has been removed from the Capital Program
•Delete the Detailed Design Phase of PIN 581254(Paving of Walden Ave from Rt.277 to CSX Bridge)-funds are no longer needed,
Fiscal constraint is maintained.
Full details,including change form, IPP,and map are available on our website.
RECEIVED AND FILED
NO.343
M.KABIR-INTENTIONS FOR 413 SHERMAN
Hello Dear, I am respectfully inform you that, I received your letter today Feb 1st 2016
However,Thank you for your kind information about the letter,
I am Mohaammed Kabir owner of 413 Sherman St, I bought this for organization for Humanitarians Cultural Center, I Try to help and Build City and
my Family at Buffalo Resident.
I was doing works at place all exterior with permit and Engineer Report which is submitted to city of Buffalo Inspection and permit Department
Including housing court,on 2013
You can see the front and back my guys renovating the Facades and trims with cleaning all Necessary looses from top Singles/slates
In the mean time Mr Michael Muscarela Inspector had done with me and my workers that's like personally Inspector asked My crew take down
all new Masonry column's and I my self asked Inspector and showed to him how and what materials we used
He didn't want here 7
and He made statement to Housing court is not consistence and housing court did not asked anything to me did not verify and very obviously that all
papers in record but the way express the sentiment by Hon, Housing Court Judge and talk look like I am one of Big enemy of the city
also in presence of Commissioner Jaime Comfort and In front of my family and others my partners at City hall Inspector Paul Cruze asking to
me why I am buying all property at Buffalo,few time I went to Housing court with my Architect,court don't want here and issued Demo and fine me
How ever we are the peoples working hard and clean&build city,state with my own money
For your Kind information I am giving some of my Experience and capacity of ability I am in business since 1994
I build over all NY City most of high Rise Masonry Building
I am fully aware all Building Code
I invested Money for my Family and my child all in Residences at Buffalo City
we have more over new hundred family moved there+others villager followed me
any way Back on 2011 Council men office called me attend meeting and I respect and Joined at meeting back from India
The way City official treating nations is not proper and right
NYC Official to help peoples to Build City and coordinating with Major minority Community peoples to become Healthy and healthier the Neighbors.
Buffalo City Water Board completely Different issue/we have bad experience
I have lost my energy to build as we all thought
I lost my partner Due to all Inconvenience
Due to miss behaves by city officials and non cooperation of inspection Department all of members are backups this point Mr. Inspector Muscherala
call Media with Defer ant,view and put/hang sign in front of Building with vacate Notice there few others issued also at others many area at city.
This is all my emotion and all my experience I do earn at city of Buffalo
Thanks again
On Thu, Feb 11,2016 at 1:45 PM,Montour,James E.<jmontour—,ch.ci.buffalo.n¥.us>wrote:
Mr. Kabir,
As per our conversation, please email me a written statement regarding your intentions for 413 Sherman Street, Buffalo, New York. I will forward your
response to the Buffalo Common Council in lieu of your absence from the February 23,2016 Common Council Community Development Committee
meeting.
Also,below are the dates for the following 3 Common Council Community Development Committee meetings:
March 8,2016 at 1 pm
March 22,2016 at 1 pm
April 5,2016 at 1 pm
Please let me know if there is a date we can expect you to attend.Common Council Community Development meetings take place in Buffalo City Hall
Council Chambers,65 Niagara Square, Buffalo, New York 14212.
Thank you,
Jim Montour
Legislative Assistant
Buffalo Common Council
(716)851-4186
jmontour@city-buffalo.com
REFERRED TO THE CONMITTEE ON COMMUNITY DEVELOPMENT.
NO.344
K.LEE-REPORT REGISTERED SEX OFFENDER AWARENESS TASK FORCE
CHAIRMAN-KEYON LEE
We the appointed members of the Registered Sex Offender Awareness Task Force per the Common Council of the City of Buffalo Resolution dated
November 17,2015 have been directed to submit a report of our recommendations on improved registry notification no later than February 11,2016.
After having deliberations per the Common Council Directive on the following dates December 10,2015,January 7,2016 and February 4,2016.
Do hereby submit the following recommendations:
I. Recommendation#1 Improving Registry and Notification
1.A hard copy of DCJS Sex offender Registry to be sent to All Buffalo Public and Charter Schools,Community Centers and Block Clubs annually,by
the Buffalo Police Dept.The BPD will create a PDF file specific to Buffalo that will be reproduce by Buffalo Public Schools.
2.As offenders are added to the list and released into the Community a notification be sent the Distribution list.
II Recommendation#2 Education
In our research it was determined that Notification without Education would not be as effective.This recommendation seeks to Educate and Empower
youth to notify appropriate authority when inappropriate actions take place.
1. We recommend that the Buffalo Public and Charter Schools be directed to review existing models of Sex Abuse Awareness Training as
conducted by other School Districts(IE Diocese of Buffalo, NYC Child Welfare agency)and implement the training as a shared practice for ALL
Buffalo Students.
2.A copy of the Sex offender registry be placed in Parent room of all schools.
3.An Annual Connect Ed call informing Parents of where to find the registry(Hard Copy and link to State website).
Recommendation 3 Close Loop holes
1.We recommend that the Corporation Council be directed to advise the Council on ways to close loopholes that allow known sex offenders to
circumvent being on registry.(IE Plea bargains that don't include known sex offenses)
REFERRED TO THE COMMITTEE ON EDUCATION,SPECIAL COMMITTEE ON POLICE OVERSIGHT,THE DEPARTMENT OF POLICE,
THE BOARD OF EDUCATION AND THE CORPORATION COUNSEL
NO.345
C.SCANLON-CONCERNS WITH INCIDENTS ON BUFFALO SCHOOL BUSES
Dear Dr.Cash:
In late November, after The Buffalo News reported that an alleged violent, sexual assault against'a third grade student by fifth grade students
occurred on a bus transporting BPS students home, I filed a resolution with the Buffalo Common Council urging the Buffalo Public Schools and First
Student to work together to staff each school bus with a minimum of one bus aide. On January 22, 2016, I was horrified and furious to read of yet
another,separate alleged assault occurring on a district provided school bus.Joined by Councilmembers Richard A. Fontana and Ulysees O.Wingo,
Sr., I stood on the steps of city hall demanding answers from the district. I was assured district representatives would attend the next Buffalo
Common Council Education Committee meeting to provide an update in regards to staffing each bus with an aide.
Yesterday, the Education Committee meeting was held and very few answers were provided. In three months, I, along with the public, have been
made aware of two separate allegations of sexual assaults occurring on district provided busses that were not staffed with bus aides. These are only
the allegations I have been made aware of, I.fear other incidents can potentially be taking place that I am unaware of. How many children have to be
assaulted on their way to and from school for the district to feel inclined to take action?Does.a child need to die before the Buffalo Public Schools will
move to protect our children?
As an official elected to represent the residents of Buffalo, I feel it is my duty to question why no member of your highly paid cabinet has been able to
answer questions regarding the lack of hiring of bus aides and provide a solid plan for staffing busses?The Buffalo Common Council allocates$70
million taxpayer dollars annually to the Buffalo Public Schools. I assure.you that the taxpayers I represent would like to see that money used towards
educating and ensuring the safety of our children,not paying the salaries of administrators who cannot answer simple questions.
I implore you to put a plan in place to staff each bus with a minimum of one bus aide and present this plan to the Buffalo Common Council
immediately,our children's well-being depends on it.
Sincerely,
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO.346
R.WYATT-M.BRADY-SUPPORT FOR DEEP SOUTH TACO ON HERTEL AVE
Attention: Please file the comments of Maureen Brady and James Werick concerns regarding Deep South Taco at Starin and Hertel Avenues.
Thank you.
Rasheed N.C.Wyatt
University District Councilmember
To:Councilmember Wyatt-University;Councilmember Feroleto-Delaware
Subject: Deep South Taco
I live just outside of the Delaware District in the University District,one block from the proposed Deep South Taco.My husband and I both support
this project.Although we are not Delaware District residents,we live closer to this location than the majority of Delaware District residents.We are
avid walkers,and regularly walk on Hertel Avenue. It would be wonderful to see the site remediated and put back to a good use. Please approve of
Deep South Taco at Starin and Hertel.Thank you.
Maureen Brady and James Werick
363 Voorhees Avenue
Buffalo, NY
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO.347
D.WILCOX,AGENT,USE 601 MAIN FOR SIGNAGE AT HOLIDAY INN EXPRESS
(ELL)(HRG 02/23)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO.348
V.PANAGOPOULOS,OWNER,USE 1900 HERTEL RE-OPEN TAKE-OUT RESTAURANT
IN THE HERTEL AVE SPECIAL ZONING DISTRICT
(UNIV)(HRG 02/23)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
REGULAR COMMITTEES
CIVIL SERVICE
(RASHEED N.C.WYATT,CHAIRPERSON)
NO.349
APPOINT RECYCLING COORD(PEMN)(INTEI)(ATTRIDGE)(PW)
(CCP#16-186,02/02)
Mr.Wyatt moved:
That Communication 186 of February 2,2016,be received and filed and that the Permanent appointment of Susan Attridge,51 Coving Rd, Buffalo,
NY 14216 at the Intermediate Salary of$60,763.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.350
APPOINT SUPERVISOR OF WATERWAY&BRIDGE MAINTENANCE(PENN)(MAX)(MALOTTEY)(PW)
(CCP#16-187,02/02)
Mr.Wyatt moved:
That Communication 187 of February 2,2016,be received and filed and that the Permanent appointment of Daniel Maloney,368 Whitfield, Buffalo,
NY 14220 at the Maximum Salary of$47,606.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.351
APPOINT TRUCK DRIVER(TENAP)(INTER)(WALKER)(PW)
(CCP#16-188,02/02)
Mr.Wyatt moved:
That Communication 188 of February 2,2016, be received and filed and that the Temporary appointment of Freddie Walker,62 Carl St, Buffalo, NY
14215 at the Intermediate Salary of$24,341.00 is hereby approved.
PASSED
AYES-9 NOES-0
NO.352
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM
(CCP#16-195,02/02)
Mr.Wyatt moved:
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(RICHARD A.FONTANA,CHAIRPERSON)
NO.353
PERMISSION TO PURCHASE VEHICLE
(ITEM NO.191,C.C.P.,FEB.2,2016)
Mr. Fontana moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That the Common Council hereby authorizes the Commissioner of Parking one (1) 2016 Chevrolet AWD Equinox L/S from Chautauqua Co. Bid
Group IV, Item 5,Vehicle#1. Funds are available in Department of Parking budget line 114112007-474200.
PASSED
AYES 9, NOES 0
NO.354
BOND RESOLUTION-FIRE APPARATUS-PURCHASE
(ITEM NO.252,C.C.P.,FEB.2,2016)
3
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the
cost of acquisition of firefighting apparatus for the Fire Department in the City,at the estimated total cost of$2,478.33.
PASSED
AYES 9, NOES 0
NO.355
BOND RESOLUTION-BAILEY AVENUE BRIDGE RECONSTNIETION
(ITEM NO.253,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the
local share of the cost of bridge reconstruction on Bailey Avenue over Cazenovia Creek and the Buffalo River in the City,at the estimated maximum
cost of$22,566,700,and authorizes$19,449,000 expected to be received from the United States of America and/or the State of New York and
$117,700 proceeds of the City bonds previously issued to be expended towards the cost thereof or redemption of the bonds issued therefor or to be
budgeted as an offset to the taxes for the payment of the principal of and interest on said bonds of the City,in addition to proceeds of$820,000 bonds
to be authorized in the future to finance the balance of said cost.
PASSED
AYES 9, NOES 0
NO.356
BOND RESOLUTION-INFRASTRUCTURE IMPROVMENTS-VARIOUS
(ITEM NO.254,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the
cost of infrastructure improvements at various locations throughout the City,at the estimated total cost of$6,271,055.
PASSED
AYES 9, NOES 0
NO.357
BOND RESOLUTION-OHIO STREET LIFT BRIDGERECONSTRUCTION
(ITEM NO.255,C.C.P.,FEB,2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the
local share of the cost of rehabilitation for the Ohio Street Lift Bridge over the Buffalo River,between St.Clare and Ganson Streets,in the City,at the
estimated maximum cost of$7,145,250,and authorizing$6,776,250 expected to be received from the State of New York and/or the United States of
America to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the
payment of the principal of and interest on said Bonds of the City.
PASSED
AYES 9, NOES 0
NO.358
BOND RESOLUTION-SENECA STREET-IMPROVEMENTS
(ITEM NO.256,C.C.P.,FEB.2,20.16)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance
cost of infrastructure improvements to Seneca Street Corridor District in the City,at the estimated maximum cost of$2,378,000.
PASSED
AYES 9, NOES 0
NO.359
AMENDING BOND RESOLUTION-SOUTH OGDEN BRIDGE RECONSTRUCTION
(ITEM NO.257,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed amend the bond resolution adopted February 18,2014 in relation to
financing the local share of the cost of reconstruction of the South Ogden Street Bridge over the Buffalo River in the City,at the estimated maximum
cost of$1,273,270.
PASSED
AYES 9, NOES 0
NO.360
BOND RESOLUTION-SOUTH PARK LOOP BRIDGE
(ITEM NO.258,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$530,000 General Improvement Bonds of the City of Buffalo,in
addition to$172,270 bond previously authorized,to finance the local share of the cost of partial reconstruction of the South Park Loop Bridge over
South Park Lake in the City,at an estimated maximum cost of$1,273,270,and authorizing$571,000 expected to be received from the United States
of America and/or the State of New York to be expended towards the cost thereof or redemption of the bonds issued therefor or to be budgeted as on
offset to the taxes for the payment of the principal of and interest on said bonds of the City.
PASSED
AYES 9, NOES 0
NO.361
BOND RESOLUTION-STREET LIGHT REPLACEMENT-VARIOUS
(ITEM NO.259,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the
cost of improvements to City-owned street lighting facilities located on Richmond Avenue, Linwood Avenue,and the Kensington Expressway in the
City,at the estimated cost of$500,000.
PASSED
AYES 9, NOES 0
NO.362
BOND RESOLUTION-ALLENDALE THEATER IMPROVEMENTS
(ITEM NO.260,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo in the amount
of$314,431,in addition to the$172,324 bonds previously authorized to finance the cost of partial reconstruction of the Allendale Theater located at
203 Allen Street in the City,at the total estimated maximum cost of$486,755.
PASSED
AYES 9, NOES 0
NO.363
BOND RESOLUTION-BROADWAY MARKET KITCHEN
(ITEM NO.261,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo to finance the
local share of the cost of construction of a commercial kitchen of the Broadway Market located at 999 Broadway in the City,at the estimated
maximum cost of$267,540,and authorizing$40,000 expected to be received from the State of New York to be expended towards the cost thereof or
redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said Bonds of
the City.
PASSED
AYES 9, NOES 0
NO.364
BOND RESOLUTION-BUFFALO HISTORY MUSEUM
(ITEM NO.262,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue General Improvement Bonds of the City of Buffalo in the amount
of$110,000 to finance the local share cost of partial reconstruction of the Buffalo History Museum building located at 1 Museum Ct., in the City, at
the estimated total cost of$110,000.
PASSED
AYES-9 NOES-0
NO.365
BOND RESOLUTION CITY HALL IMPROVEMENTS
(ITEM NO.263,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$2,354,958 General Improvement Bonds of the City of Buffalo to
finance the cost of partial reconstruction of City Hall at 65 Niagara Square,at the estimated total cost of$2,354,958.
PASSED
AYES 9, NOES 0
NO.366
BOND RESOLUTION-DOWNTOWN BALL PARK(COCA COLA FIELD)
(ITEM NO.264,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$350,000 General Improvement Bonds of the City of Buffalo to
finance the cost of recreational area improvements to Coca Cola Field at 275 Washington Street in the City,at the estimated cost of$350,000.
PASSED
AYES 9, NOES 0
NO.367
BOND RESOLUTION—EAST DELAVAN LIBRARY IMPROVEMENTS
(ITEM NO.265,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$470,000 General Improvement Bonds of the City of Buffalo to
finance the cost of partial reconstruction of East Delavan Library building located at 1187 E. Delavan Avenue,at the estimated total cost of$470,000.
PASSED
AYES 9, NOES 0
NO.368
BOND RESOLUTION-FIRE DEPARTMENT BUILDING
(ITEM NO.266,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$1,259,046 General Improvement Bonds of the City of Buffalo to
finance the cost of improvements for various Fire Department buildings in the City,at the estimated total cost of$1,259,046.
PASSED
AYES 9, NOES 0
NO.369
BOND RESOLUTION-LOVEJOY POOL IMPROVEMENTS
(ITEM NO.267,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$530,000 General Improvement Bonds of the City of Buffalo to
finance the cost of improvements to the Lovejoy pool facilities located at 1171 E. Lovejoy Street in the City,at the estimated total cost of$530,000.
PASSED
AYES 9, NOES 0
NO.370
BOND RESOLUTION-MAIN ANIMAL BUILDING ROOF REPLACEMENT(SOUTH SIDE)
(ITEM NO.268,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$267,500 General Improvement Bonds of the City of Buffalo to
finance the cost of partial reconstruction of the Buffalo Zoo Main Animal House located at 300 Parkside Avenue in the City,at the estimated total cost
of$267,500.
PASSED
AYES 9, NOES 0
NO.371
BOND RESOLUTION—MUSEUM OF SCIENCE FRONT ENTRANCE RESTORATION
(ITEM NO.269,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$535,000 General Improvement Bonds of the City of Buffalo to
finance the cost of partial reconstruction of the Buffalo Museum of Science located at 1020 Humboldt Parkway,at the estimated total cost of
$535,000.
PASSED
AYES 9, NOES 0
NO.372
BOND RESOLUTION—NAVAL PARK HANGAR EXPANSION(PLANNING)
(ITEM NO.270,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$240,750 General Improvement Bonds of the City of Buffalo to
finance the cost of planning expansion to the Naval Park Hangar Building located at 1 Naval Park Cove in the City,at the estimated maximum cost of
$240,750.
PASSED
AYES 9, NOES 0
NO.373
BOND RESOLUTION-NORTH BUFFALO ICE RINK ICE MAKING
(ITEM NO.271,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$1,535,787 General Improvement Bonds of the City of Buffalo to
finance the cost of acquisition of equipment for the North Buffalo Ice Rink located at 156 Tacoma Ave.in the City,at the estimated maximum cost of
$1,535,787.
PASSED
AYES 9, NOES 0
NO.374
BOND RESOLUTION—PARK BUILDING IMPROVEMENTS
(ITEM NO.272,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$540,350 General Improvement Bonds of the City of Buffalo to
finance the cost of improvements in various City parks,at the estimated total cost of$540,350.
PASSED
AYES 9, NOES 0
NO.375
BOND RESOLUTION—BRODERICK PARK SEAWALL STUDY
(ITEM NO.273,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$252,500 General Improvement Bonds of the City of Buffalo to
finance the local share of the cost of planning rehabilitation of the Broderick Park Seawall in the City,at the estimated maximum cost of$512,575,
and authorizing$252,500 expected to be received from the United States of America and$7,575 current funds to be expended towards the cost
thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the payment of the principal of and interest on said
Bonds of the City.
PASSED
AYES 9, NOES 0
NO.376
BOND RESOLUTION—LASALLE SEAWALL CONSTRUCTION
(ITEM NO.274,C.C.P.,FEB 2,2016)
General Improvement Bonds of the City of Buffalo to finance the local share of the cost of rehabilitation of the LaSalle Park Seawall in the City,at the
estimated maximum cost of$4,180,440,and authorizing$2,689,000 expected to be received from the United States of American and$43,440
current funds to be expended towards the cost thereof or redemption of the Bonds issued therefor or to be budgeted as an offset to the taxes for the
payment of the principal of and interest on said Bonds of the City.
PASSED
AYES 9, NOES 0
NO.377
BOND RESOLUTION-PARK IMPROVEMENTS
(ITEM NO.275,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$1,035,500 General Improvement Bonds of the City of Buffalo to
finance the cost of recreational area improvements to various City parks,at the estimated total cost of$1,035,500.
PASSED
AYES 9, NOES 0
NO.378
BOND RESOLUTION-TREE REMOVALS AND PLANTINGS(VARIOUS)
(ITEM NO.276,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$600,000 General Improvement Bonds of the City of Buffalo to
finance the cost of removal of dead or diseased trees and the planting of new trees located in various locations in the City,at the estimated total cost
of$600,000.
PASSED
AYES 9, NOES 0
NO.379
BOND RESOLUTION—DILAPIDATED STRUCTURES DEMOLITION
(ITEM NO.277,C.C.P.,FEB 2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$2,000,000 General Improvement Bonds of the City of Buffalo to
finance the cost of demolition of various City-owned and private buildings which pose a significant threat to public health or safety,at the estimated
total cost of$2,000,000.
PASSED
AYES 9, NOES 0
NO.380
BOND RESOLUTION—AUGSPURGER PARKING RAMP IMPROVEMENTS
(ITEM NO.278,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$1,200,265 General Improvement Bonds of the City of Buffalo to
finance the cost of improvements to the Augspurger Parking Ramp located at 362 Pearl Street in the City,at the estimated cost of$1,200,265.
PASSED
AYES 9, NOES 0
NO.381
BOND RESOLUTION-FERNBACH PARKING RAMP IMPROVEMENT
(ITEM NO.279,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$1,343,600 General Improvement Bonds of the City of Buffalo to
finance the cost of improvements to the Fernbach Parking Ramp located at 200 Pearl Street in the City,at the estimated cost of$1,343,600.
PASSED
AYES 9, NOES 0
NO.382
BOND RESOLUTION-TURNER PARKING RAMP IMPROVEMENTS
(ITEM NO.280,C.C.P.,FEB.2,2016)
That the Comptroller of the City of Buffalo is hereby authorized and directed to issue$1,844,260 General Improvement Bonds of the City of Buffalo to
finance the cost of improvements to the Turner Parking Ramp located at 1 Perkins Drive in the City,at the estimated cost of$1,844,260.
PASSED
AYES 9, NOES 0
NO.383
BUDGET AND PERSONNEL AMENDMENT
03-MAYOR
1501 -EXECUTIVE
Mr. Fontana moved:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,relating to 03-Mayor, 1501 -Executive,which currently reads:
1 Chief Diversity Officer $89,192
Is hereby amended to read:
1 Chief Diversity Officer $101,873
PASSED
AYES 9, NOES 0
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK,JR.,CHAIRPERSON)
NO.384
REPORT OF SALE-239 TITUS STREET(FIIL)(STRAT PLAN)
(ITEM NO.170,C.C.P.,FEB.2,2016)
Mr.Golombek moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That the offer from Tamanna Ansare of 3406 12th Avenue, Brooklyn, New York 11218,in the amount of Two Thousand Two Hundred Dollars
($2,200.00)for the purchase of 239 Titus Street be and hereby is accepted;and
That the transfer tax,recording fees and cost of legal description shall be paid by the purchaser;and
That the Office of Strategic Planning be authorized to prepare the necessary documents for the transfer of title and that the Mayor be authorized to
execute the same,in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES 9, NOES 0
NO.385
NYSDEC-CERTIFIES CLEANUP 89 LASALLE
(C.C.P.#16-203,FEB 2)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.386
M.ROMANOWSKI-SEQR 3 GATES CIRCLE
(C.C.P.16-205,FEB 2)
Mr.Golombek now moves that the above item is hereby referred to the Committee on Legislation.
ADOPTED
NO.387
GATES CIRCLE REDEV
(C.C.P.16-230,FEB 2)(#16-111,1/19)
Mr.Golombek now moves that the above item is hereby referred to the Committee on Legislation.
ADOPTED
NO.388
M.ROMANOWSKI-(INFORMATIONAL)SEQR GATES CIRCLE REDEV&CANTEBURY WOODS
(C.C.P.16-231,FEB 2)(#16,-113,1/19)
Mr.Golombek now moves that the above item is hereby referred to the Committee on Legislation.
ADOPTED
NO.389
P.BEAVERS-STREET LEVEL PARKING IN BUFFALO
(C.C.P.#16-107,JAN 19)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.390
C.SCANLON-FOLLOW UP RE WEEKEND HOURS AT THE COMMUNITY CENTERS
(C.C.P.#15-112,JAN 20)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.391
C.SCANLON-ARTICLE SKYWAY ONE OF 10 FREEWAYS WITHOUT FEATURES
(C.C.P.#14-468,MAR 4)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.392
RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT
R.TOBE-RESPONSE CONSTRUCTION ECC'S PROPOSED HEALTH SCIENCES FACILITY
(C.C.P.#13-75,SEPT 3)
Mr.Golombek now moves that the above item be Received and Filed
ADOPTED
NO.393
CALL FOR THE CONSTRUCTION OF ECC'S PROPOSED HEALTH SCIENCES FACILITY
(EXC RESOLVES)(GOLOMBEK)(C.C.P.#13-93,JULY 9)
Mr.Golombek now moves that the above item be Received and Filed.
ADOPTED
NO.394
NYSDEC-SEQR LEAD AGENCY COORDINATION-REQUEST FOR INFO
BATTAGLIA TRANSFER STATION-1037-1055 SENECA ST
(C.C.P.13-56,FEB 19)
Mr.Golombek now moves that the above item is hereby referred to the Committee on Legislation
ADOPTED
NO.395
NYSDEC-SUSP OF SEQR PROCESS-BATTAGLIA DEMO INC-1037-1055 SENECA ST
(C.C.P.13-57,FEB 19)
Mr.Golombek now moves that the above item is hereby referred to the Committee on Legislation.
ADOPTED.
NO.396
J.GOLOMBEK-R.YELDA-REQ NEW GREEN CODE DOES NOT IMPACT BFLO'S COMM PROTECTION FROM NATURAL GAS
EXTRACTION ORDINANCE(C.C.P.12-33,NOV 27)
Mr.Golombek now moves that the above item is hereby referred to the Committee on Legislation.
ADOPTED.
LEGISLATION
(CHRISTOPHER P.SCANLON,CHAIRPERSON)
NO.397
PROPERTY MANAGEMENT LICENSE KEY PROPERTYCONSULTING INC.(EDPIS)
(ITEM NO.189,C.C.P.,FEB.2,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That pursuant to Chapter 265 of the City of Buffalo Ordinance, the Common Council hereby authorizes the Commissioner of the Department of
Permits and Inspection Services to issue a Property Management License to William Feeley of 6525 Versailles Road, Lake View, New York 14085,
d/b/a Key Property Consulting Inc.
PASSED
AYES 9, NOES 0
NO.398
PROPERTY MANAGEMENT LICENSE-TOWNE HOUSING LLC(EDPIS)
(ITEM NO.190,C.C.P.,FEB.2,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council without recommendation;
That pursuant to Chapter 265 of the City of Buffalo Ordinance, the Common Council hereby authorizes the Commissioner of the Department of
Permits and Inspection Services to issue a Property Management License to Jeremy Ballsmith of 51 Washington Street, North Tonawanda, New
York 14120,d/b/a Towne Housing LLC.
PASSED
AYES 9, NOES 0
NO.399
J.ROZANSKI-CONCERNS FOOD STORE 3083 MAIN ST(C.C.P.#16-207,FEB 2)
Mr.Scanlon now moves that the above item be Received and Filed.
ADOPTED
NO.400
ORDINANCE AMENDMENT-CHAPTER 437 TAXICABS,LIVERIES AND SIGHTSEEING BUSES
(ITEM NO.186,C.C.P.,FEB.2,2016)
Mr.Scanlon moved:
That the above item be,and the same hereby is,returned to the Common Council with a recommendation for approval;
That Chapter 437 of the Code of the City of Buffalo,as it relates to Taxicabs, Liveries
and Sightseeing Buses be amended as specified in the attached Ordinance Amendment.
PASSED
AYES 9, NOES 0
NO.401
FOOD STORE LICENSE(NEW)-3083 MAIN STREET(UNIV)(DPIS)
(ITEM NO.89,C.C.P.,JAN.19,2016)
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 Saleh Sayad d/b/a 3083 Main St. Inc.to operate a
food store located at 3083 Main Street upon the following conditions:
• Must have working security cameras inside and outside of the store.
• Store surveillance system is to be registered with the Buffalo Police Department.Tapes are to be made available upon request to the
authorities and have the capability of saving video for thirty(30)days.
• No spray painted,hand painted or air brushed signage or graphics on the building unless professionally done and approved by the
City.
• No outside signage advertising tobacco,gambling(lottery)or alcohol.
• No selling loose items,i.e.,cigarettes,diapers,etc.
• Must have trash receptacles maintained outside of the store. Dumpsters should be maintained and picked up when full or a fine will
be issued.
• No payphones outside of the store.
• Windows should be clean and free of grime.Windows must be unobstructed and able to view inside the establishment.
• Broken windows must be repaired within 72 hours.
• No smoking or vaping in building.
• Graffiti must be removed within 72 hours.
• No vehicles parked on sidewalks.
• All mechanical equipment must be in working order.
• "No loitering"signs must be posted and enforced by store employees.
• No selling of drug paraphernalia including,but not limited to glass test tubes,glass pipes,glass pens,"Chore Boy',scour pads,
tobacco wraps,blunts,rolling papers or flowers in glass tubes,etc.
• Snow must be shoveled/removed around the store grounds including fire hydrants and bus stops if on your property before 9:00 a.m.
the morning following a snow fall event.
• All store items are to be priced and receipt available for customers upon request.
• No expired food is to be sold.
• No selling of prepared food without proper Erie County Health Department license.
• Store hours must be posted clearly for public view.
• Hours of store operation must be determined in cooperation with the District Council
Member and law enforcement.
PASSED
AYES-9 NOES-0
NO.402
RESTAURANT(ELL)(DPIS)
(ITEM NO.43,C.C.P.,JAN.5,2016)
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 S. Wilkins, Owner, to place a 10'X 27' irregular shaped out card on the sidewalk in
front of an existing restaurant,located at 537 Main Street.
PASSED
AYES 9, NOES 0
NO.403
USED CAR DEALER 30 CAYUGA(EDPI)(DFIS)
(ITEM NO.2443,C.C.P.,DEC.8,2015)
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 the Department of Economic Development, Permits and Inspections Services is hereby authorized pursuant to Chapter
254 of the City Code to issue a Used Car Dealer License to Latasha Hardy d/b/a Hardy Automotive Wholesale Group,located at 30 Cayuga.
PASSED
AYES 9, NOES 0
NO.404
ACCEPT AS COMPLETE TILE DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT FOR THE BUFFALO
CONSOLIDATED DEVELOPMENT FRAMEWORK(MAYOR)
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 accepts as complete the Draft Genetic Environmental Impact Statement for the Buffalo Consolidated Development
Framework in the City of Buffalo.The Buffalo Consolidated Development Framework includes a Land Use Plan by the City;a Local Waterfront
Revitalization Plan;a Homestead Plan; Brownfield Opportunity Area Nomination Documents for South Buffalo,the Buffalo River Corridor, Buffalo
Harbor and Urban Renewal Plans;and a Unified Development Ordinance that includes zoning,subdivision,sign and street design regulations and
approval procedures.
That the Common Council hereby establishes a public comment period,establishes the Buffalo Green Code website as the appropriate website to
publish the Draft Genetic Environmental Impact Statement,and hereby authorizes the Executive Director of the City of Buffalo's Office of Strategic
Planning and/or other appropriate City staff to take all such steps and actions and to execute and/or process such additional documentation,
agreements and/or modifications,amendments thereto as shall be necessary to facilitate acceptance and review.
ADOPTED
RESOLUTIONS
NO.405
BY: MR.FONTANA
TRANSFER IN FUNDS-N.BUFFALO ICE RINK
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 Capital Projects Planning $121,000
To- 30091806-445500 North Buffalo Ice Rink Design $121,000
PASSED
AYES-9 NOES-0
NO.406
BY: MR.FONTANA
WAIVER OF FEES FOR 2016 ICE MAN RUN
Whereas On Saturday, February 27th 2016 Endurance America will be hosting the Ice Man
Run at the Delaware Park Ring Road;and
Whereas The purpose of this event will be to raise money for the Heart Animal Rescue and Adoption Team, a 501(c)3 volunteer organization
dedicated to caring for neglected,injured,abandoned,and abused animals in Western New York;and
Whereas Heart Animal Rescue and Adoption Team is a self-funded organization that receives no government funding.
Now,Therefore, Be It Resolved:
The Common Council hereby requests a waiver of any permit and application fees associated with the Ice Man Run.
PASSED
AYES-9 NOES-0
NO 407
BY:COUNCIL MEMBER FRANCZYK
PERMISSION TO HANG FLAGS ALONG OLD NEIGHBORHOOD PARADE ROUTE
Whereas,The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994;
Whereas,the parade retraces the original St. Patrick's Day 1914 parade route and
focuses on fun,and the tradition and nostalgia associated with the Old First Ward and Valley neighborhood;
Whereas,the Valley Community Center is requesting permission to hang flags along the
parade route from March 1, 2016 to March 21, 2016. The parade route is Led@ Street to South Park Avenue, South Park Avenue from Hamburg
Street to Smith Street, Smith Street to Elk Street, Elk Street to South Park Avenue, Hamburg to South Street, and South Street to Louisiana Street
between Hamburg Street and Louisiana Street:
Now,Therefore Be It
Resolved that The City of Buffalo Common Council--
1)That The City of Buffalo Common Council hereby permits the Valley
Community Center to hang flags alone the Old Neighborhood St. Patrick's Day Parade.The flags will be installed on March 1,2016 and stay up until
March 21,2016 in accordance with the requirements set forth by the Department of Public Works;
2)That copies of this resolution be sent to the Department of Public Works,Special Events and Permits and Inspections.
PASSED
AYES-9 NOES-0
NO.408
BY:COUNCIL MEMBER FRANCZYK
WAIVE SPECIAL EVENT AND ALL PERMIT FEES FOR THE"OLD NEIGHBORHOOD"ST.PATRICK'S DAY PARADE
Whereas,The Valley Community Center founded the Old Neighborhood St. Patrick's Day Parade in 1994;
Whereas,the parade retraces the original St. Patrick's Day 1914 parade route and
focuses on fun,and the tradition and nostalgia associated with the Old First Ward and Valley neighborhood;
Whereas,The parade route is Leddy Street to South Park Avenue from Hamburg Street
to Smith Street,Smith Street to Elk Street, Elk Street to South Park Avenue, Hamburg Street to South Street to Louisiana Street:
Now,Therefore Be It
Resolved that The City of Buffalo Common Council--
1)Waive the Special Event application fee and all permit fees associated with the 20i6 Old Neighborhood St..Patrick's Day Parade to be held on
March 19,2016;
2)That copies of this resolution be sent to the Department of Public Works,Special Events and Permits and Inspections.
PASSED
AYES-9 NOES-0
NO.409
BY: MR.GOLOMBEK
CLUB 49'ER ANNUAL EASTER EGG HUNT-WAIVE FEES
The Club 49'ers are a social group that meets in the Riverside section of the City of Buffalo and
Since their founding,the Club 49'ers have had a commitment to community service;and
The Club 49'ers have conducted an annual Easter Egg Hunt for the children and families of the Riverside and Black Reek communities for many
years;and
This year the annual Club 49'ers Easter Egg Hunt will take place on Saturday,March 26,2016 in Riverside Park;and
The annual Easter Egg Hunt is a free event and all activities are free for the community;
Now,Therefore be it Resolved:
That the Common Council of the City of Buffalo does hereby approve waiving all fees associated with the Club 49'ers annual Easter Egg Hunt for
Saturday,March 26,2016,at Riverside Park;and
Be it Further Resolved:
That copies of this resolution be sent to the Department of Public Works Parks&Streets and the Corporation Counsel.
PASSED
AYES-9 NOES-0
NO.410
BY: MR.FRANCZYK
TRAILBLAZING SIGN ON ELMWOOD AVE FOR"LANCE DIAMOND WAY"
Whereas: Lance Diamond was born on July 3rd'1945 and a lifelong resident of the City of Buffalo until his passing in 2015,and
Whereas: Lance Diamond was a well-known and recognized lounge singer and radio personality based in Buffalo, New York;and
Whereas: His career spanned over 40 years while passionately playing classic rock as well as many disco-era songs.Often referring to himself as
the"Love Doctor";and
Whereas: His success in Buffalo lead to offers to open for shows in Las Vegas, NV,but declined due to his fondness to stay in Buffalo;and
Whereas: He is an adored staple in the City of Buffalo as well as in Erie County. Lance is beloved and missed by many fans who remember his
music,warmth,and humor at countless 4`h of July celebrations and performances.
Whereas:The location of this sign will be placed on the comer of Elmwood Avenue and West Utica Street. In front of what used to be the Elmwood
Lounge,an establishment where Lance was known to regularly perform and was the place where he started his performance career.
Now,Therefore, Be It Resolved:
That the Common Council of the City of Buffalo approves the installation of a trailblazing sign proclaiming a portion of Elmwood Ave as"Lance
Diamond Way."
Be It Further Resolved: That this Common Council requests that the Department of Public Works install a trailblazing sign that reads "Lance
Diamond Way"on the street pole at 522 Elmwood Avenue.
Be It Finally Resolved:That this Council honors Mr. Lance Diamond for his service to the community with the creation and dedication of"Lance
Diamond Way".
PASSED
AYES-9 NOES-0
NO.411
BY: MR.CHRISTOPHER P.SCANLON
INSTRUCT THE DEPARTMENT OF PUBLIC WORKS TO PLACE MORE HOSPITAL SIGNS THROUGHOUT THE CITY OF BUFFALO
WHEREAS: Buffalo is fortunate to have a number of world class hospitals located within our city, with Roswell Park Cancer Institute, Erie County
Medical Center,and Children's Hospital being nationally recognized;and
WHEREAS:The importance of the location of the hospitals throughout the City of Buffalo is a vital part of keeping our society healthy;mad
WHEREAS: It is equally important that citizens and visitors alike can easily identify and locate the hospital of their choice. Unfamiliarity with hospital
locations may cause citizens or visitors to get lost,which could potentially lead to further injury or possibly death;and
WHEREAS: In many areas throughout the city,hospital signs are few and far between;and
WHEREAS: Hospital Signs directing citizens to the nearest facility should be located more frequently throughout the City of Buffalo so that the
citizenry or visitors to the city can easily locate these facilities when needed.
Now,Therefore be it Resolved That:
The Common Council of the City of Buffalo instructs the Department of Public Works to pinpoint the current locations of Hospital Signs and
determine additional appropriate locations for Hospital signs to be added;and
Be it Further Resolved That:
The Buffalo City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works.
ADOPTED
NO.412
BY: MR.CHRISTOPHER P.SCANLON
WAIVE EVENT FEES THE 2016 SOUTH BUFFALO FARMERS MARKET
WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits,
and activities required or regulated under the provisions of various chapters of the Code;and
WHEREAS,The South Buffalo Farmers Market will be held every Sunday from June 5,2016
-September 25,2016 at Cazenovia Park;and
NOW,THEREFORE, BE IT RESOLVED,
That the Common Council of the City of Buffalo respectfully requests that the Department of Special Events and the Department of Public Works
waive all applicable events fees for the 2016 South Buffalo Farmers Market;and
BE IT FURTHER RESOLVED,
That the City Clerk forward a copy of this resolution to the Departments Public Works and Special Events.
PASSED
AYES-9 NOES-0
NO.413
BY: MR.CHRISTOPHER P.SCANLON
WAIVE EVENT FEES FOR STAR SWIMMING PROGRAM SWIM TEAM PRACTICE
WHEREAS, Chapter 175 of the Code of the City of Buffalo establishes a schedule of fees that are to be charged with respect to licenses, permits,
and activities required or regulated under the provisions of various chapters of the Code;and
WHEREAS, Star Swimming Program Swim Team Practice will take place February 10, 2016-February 12, 2016, February 17, 2016 February 19,
2016,and March 3.2-16-March 4,2016 from 7:00pm-9:00pm at the Connors-Kait-Harrity Memorial Pool(aka Caz Pool);and
WHEREAS,Star Swimming Program Swim Team Practice provides swimming instruction to 80 children in the area and allows them to train and
compete in the sport of swimming;and
WHEREAS,The Star Swimming Program Swim Team Practice is beneficial to the health of local children who train,participate and compete in
swimming.
NOW,THEREFORE, BE IT RESOLVED,
That the Common Council of the City of Buffalo respectfully requests Department of Public Works(Parks Department)waive the$3 per swimmer per
day fee applicable to the Star Swimming Program;and
BE IT FURTHER RESOLVED,
That the City Clerk forward a copy of this resolution to the Commissioner of the Department of Public Works.
PASSED
AYES-9 NOES-0
NO.414
BY: MR.WYATT
BUDGET AND PERSONNEL AMENDMENT
03-EXECUTIVE
1509-STRATEGIC PLANNING
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,relating to 55-Community Services-1560 Employment&Training which
currently reads:
1 Rehabilitation Loan Specialist $59,854-$70,480
Is hereby amended to read:
1 Real Estate Financial Analysis $59,854=$70,480
It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary.
BRENDAN R.MEHAFFY, EXECUTIVE DIRECTOR OF STRATEGIC PLANNING AND DONNA J. ESTRICH,COMMISSIONER OF
ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS,hereby certify that the above change is necessary for the proper conduct,
administration and performance of essential services of that department.We recommend that the compensation for said position be fixed at the
respective amount set forth in the foregoing ordinance.
PASSED
AYES-9 NOES-0
NO.415
BY: MR.WYATT
BUDGET AND PERSONNEL AMENDMENT
03-EXECUTIVE
1033-TRAFFIC VIOLATIONS
The Common Council of the City Of Buffalo does ordain as follows:That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,relating to
03-Executive-1033-Traffic Violations,which currently reads:
1 Supervising Traffic Agency Representative $47,790-$53,476
2 Traffic Agency Clerk $35,265-$39,461
Is hereby amended to read:
0 Supervising Traffic Agency Representative $47,790-$53,476
4 Traffic Agency Clerk $35,265-$39,461
1 Traffic Administrator $53,470-$61,661
1 Administrative Secretary $40,675-$46,434
'It is hereby certified,pursuant to Section 3-19 of the Charter,that the immediate passage of the foregoing ordinance is necessary.
KEVIN J. HELFER, EXECUTIVE DIRECTOR OF BTVA AND DONNA J. ESTRICH,COMMISSIONER OF ADMINISTRATION, FINANCE,
POLICY AND URBAN AFFAIRS,hereby certify that the above change is necessary for the proper conduct,administration and performance of
essential services of that department.We recommend that the compensation for said position be fixed at the respective amount set forth in the
foregoing ordinance.
PASSED
AYES-9 NOES-0
NO.416
BY MR.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.
Luis A. Hernandez
Total: 1
ADOPTED
NO.417
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.
Jennifer L.Atkins
Charles J.Stegura
TOTAL:2
ADOPTED
NO.418
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, February 23,2016 at 9:45 o'clock AM
Committee on Finance Tuesday, February 23,2016 at 10:00 o'clock AM
following Civil Service
Committee on Comm. Dev. Tuesday, February 23,2016 at 1:00 o'clock PM
Committee on Legislation Tuesday, February 23,2016 at 2:00 o'clock PM
Special Committees
(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.419
ADJOURNMENT
On a motion by Mr. Rivera,Seconded by Mr.Scanlon,the Council adjourned at 3:29 PM
GERALD A.CHWALINSKI
CITY CLERK